LIBRARY  OF  THE 
UNIVERSITY  OF  ILLINOIS 
AT  URBANA-CHAMPAIGN 


NOIS  HISTORICAL  $UR 


OF   THE    STATES    OF 


OHIO,  INDIANA,  MICHIGAN 


ILLINOIS, 


RELATING   TO   THE 


Southern  airt  Utortjftrn  f  niiana 


RAIL-ROAD   COMPANY. 


JOHN    W.   AMERMAN,    PRINTER, 
No.  60  WILLIAM-STREET. 

1855. 


CONTENTS. 


OHIO. 

PAGE 

1.  An  Act  regulating  Rail-Road  Companies.     Passed  Feb.  11,  1848,       1 

2.  An  Act  authorizing  Rail-Road  Companies  to  open  Transfer  Books 

in  other  States.     Passed  March  21,  1850,  .....................     12 

3.  An  Act  to  incorporate  the  Northern  Indiana  Rail-Road  Company. 

Passed  March  3,  1851  ......................................     13 

4.  An  Act  to  provide  for  compensation  to  Owners  of  private  Pro- 

perty appropriated  to  the  use  of  Corporations.  Passed  April  30, 
1852,  ....................................................  15 

INDIANA. 

1.  An  Act  to  incorporate  the  Buffalo  and  Mississippi  Rail-Road  Com- 
pany.    Approved  Feb.  6,  1835,  .........  ....................     22 

2.  An  Act  to  amend  an  act  entitled  "  An  Act  to  incorporate  the  Buf- 

falo and  Mississippi  Rail-Road  Company,"  approved  Feb.  6, 
1835.  Approved  Feb.  6,  1837,  ..............................  35 

8.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  incorporate  the  Buf- 
falo and  Mississippi  Rail-Road  Company,"  approved  Feb.  6, 
1835.  Approved  Feb.  7,  1838,  ..............................  35 

4.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  amend  an  Act  to  in- 
corporate the  Buffalo  and  Mississippi  Rail-Road  Company,"  ap- 
proved Feb.  7,  1838.  Approved  Jan.  21,  1839,  ................  37 

6.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  incorporate  the 
Buffalo  and  Mississippi  Rail-Road  Company."  Approved  Jan.  28, 
1843,  ........................  ............................  39 

6.  An  Act  to  provide  for  the  construction  of  a  Railway  in  Laporte 

County.     Approved  Feb.  11,  1843,  ..........................     39 

7.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  incorporate  the 

Buffalo  and  Mississippi  Rail-Road  Company,  approved  Feb.  6, 
1835,  and  all  acts  amendatory  thereto."  Approved  Jan.  13,  1845,  41 

8.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  incorporate  the 

Buffalo  and  Mississippi  Rail-Road  Company,"  approved  Feb.  6, 
1835.  Approved  Jan.  6,  1846,  ..............................  42 

9.  An  Act  supplemental  to  an  Act,  approved  Jan.  6,  1846,  entitled 
"  An  Act  to  amend  an  Act  entitled  an  Act  to  Incorporate  the 


•0 


IV  CONTENTS. 

PAGE 

Buffalo  and  Mississippi  Rail-Road  Company,"  approved  Feb.  6, 
1835.  Approved  Jan.  20,  1846 46 

10.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  Incorporate  the 
Buffalo  and  Mississippi   Rail-Road  Company,  approved  Febl  6, 
1835,  and  the  several  Acts  amendatory  thereto."    Approved  Feb. 
8,1848, 47 

11.  An  Act  relative  to  the  Commissioners  of  the  Western  Division  of 

the  Buffalo  and  Mississippi  Rail-Road  Company.     Approved  Jan. 

5, 1849 59 

12.  An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for  the 

Construction  of  a  Railway  in  Laporte  County,"  approved  Feb.  11, 
1843.  Approved  Jan.  15,  1849 62 

13.  An  Act  to  empower  Rail-Road  Companies  to  receive  Lands,  Lots 

and  other  Property  in  subscription  of  Stock.  Approved  Jan.  20, 
1852, 63 

14.  An  Act  authorizing  Rail-Road,  Plank-Road,  Turnpike-Road  and 

Macadamized  Road  Companies  to  borrow  money,  and  to  secure 
the  repayment  thereof  by  mortgage.  Approved  Feb.  5,  1852,. ..  64 

15.  An  Act  to  provide  for  the  Incorporation  of  Rail-Road  Companies. 
Approved  May  11,  1852, 65 

16.  An  Act  to  prevent  the  destruction  of  or  injury  of  animals,  and 

the  destruction  of  human  life  by  Rail-Roads,  and  to  provide 
compensation  for  the  same.  Approved  May  11, 1852, 82 

17.  General  Provisions  in  relation  to  Rail-Road  Companies.    Approved 
June  15,  1852, 83 

18.  An  Act  to  authorize  Rail-Road  Companies  to  increase  the  amount 

of  their  Capital  Stock,  and  to  increase  the  number  of  their  Di- 
rectors. Approved  June  17,  1852, 86 

19.  An  Act  to  authorize  two  or  more  Rail-Road  Companies  to  assume 

a  common  name,  and  to  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  prosecute  their  business  under  such  common 
name.  Approved  Jan.  25,  1853, 87 

20.  An  Act  to  authorize  Rail-Road  Companies  to  consolidate  their 

stock  with  the  stock  of  Rail-Road  Companies  in  this  or  in  an  ad- 
joining State,  and  to  connect  their  Roads  with  the  Roads  of  said 
Companies,  and  to  authorize  Rail-Road  Companies  to  construct 
their  Roads  on  the  routes  which  they  may  have  heretofore  sur- 
veyed and  located,  and  to  use  and  occupy  the  same  when  com- 
pleted. Approved  Feb.  23,  1853, 88 

21.  An  Act  to  provide  compensation  to  the  owners  of  animals  killed 

or  injured  by  the  care,  locomotives  or  other  carriages  of  any 
Rail-Road  Company  in  this  State.  Approved  March  1,  1853,  ...  91 

22.  An  Act  providing  for  serving  processes  upon  the  Officers,  Direct- 

ors, Attorneys  or  Agents  of  any  Rail-Road  Company.  Approved 
March  4, 1853, 92 

23.  An  Act  to  explain  an  Act  entitled  "  An  Act  authorizing  Rail-Road 

Companies  to  consolidate  their  stock  with  the  stock  of  Rail-Road 
Companies  in  this  or  an  adjoining  State,  and  to  connect  their 


CONTENTS.  V 

PAGE 

Roads  with  the  Roads  of  said  Companies,  and  to  authorize  Rail- 
Road  Companies  to  construct  their  Roads  on  the  routes  which 
they  may  have  heretofore  surveyed  and  located,  and  to  use  and 
occupy  the  same  when  completed,"  approved  Feb.  23,  1853. 

Approved  March  4,  1853, 93 

24.  An  Act  authorizing  Corporations  formed  in  pursuance  of  an  Act 
entitled  "  An  Act  to  provide  for  the  Incorporation  of  Rail-Road 
Companies,"  approved  May  11,  1852,  to  file  in  the  office  of  the 
Secretary  of  State  a  certified  copy  of  their  articles  of  associa- 
tion, in  lieu  of  their  original  articles  of  association,  and  legalizing 
the  action  of  such  Corporations  in  that  respect,  where  such  certi- 
fied copy  has  been  heretofore  so  filed  in  lieu  of  the  original  arti- 
cles, and  prescribing  the  effect  of  such  copy.  Approved  March 
4,  1853, 94 

MICHIGAN. 

1.  An  Act  to  incorporate  the  Erie  and  Kalamazoo  Rail-Road  Com- 

pany.    Approved  April  22,  1833, .' 95 

2.  Extract  from  "  An  Act  to  amend  an  Act  to  Incorporate  the  Erie 

and  Kalamazoo  Rail-Road  Company."  Section  18,  Bank  Act 
Passed  March  26,  1835, 104 

3.  An  Act  to  authorize  the  sale  of  the  Southern  Rail-Road  and  to 

Incorporate  the  Michigan  Southern  Rail-Road  Company.  Ap- 
proved May  9,  1846, 105 

4.  An  Act  in  regard  to  -the  Erie  and  Kalamazoo  Rail-Road  Company, 

Approved  May  18,  1846, 134 

5.  An  Act  to  authorize  the  Michigan  Southern  Rail-Road  Company 

to  repair  their  Road  with  heavy  rail  and  for  other  purposes. 
Approved  March  31,  1849, 13*7 

6.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  authorize  the  sale 

of  the  Southern  Rail-Road,  and  to  Incorporate  the  Michigan 
Southern  Rail-Road  Company,"  approved  May  9,  1846.  Passed 
March  28,  1850, 138 

7.  An  Act  to  provide  for  the  Incorporation  of  Rail-Road  Companies. 

Approved  Feb.  12,  1855, 144 

8.  An  Act  to  authorize  the  Michigan  Southern  Rail-Road  Company 

to  consolidate  with  the  Northern  Indiana  Rail-Road  Company. 
Approved  Feb.  13,  1855, 176 

ILLINOIS. 

1.  An  Act  to  provide  for  a  general  system  of  Rail-Road  Incorpora- 

tions, in  force  Nov.,  1849.     Approved  Nov.  5,  1849, 180 

2.  An  Act  supplemental  to  an  Act  entitled  "  An  Act  to  provide  for 

a  general  system  of  Rail-Road  Incorporations."     Approved  Nov. 

6, 1849, 201 


VI  CONTENTS. 

PAGE 

3.  Au  Act  to  authorize  the  construction  and  use  of  the  Northern  In- 

diana and  Chicago  Kail-Road.     Approved  June  16,  1852, 203 

4.  An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  for  a  gene- 

ral system  of  Hail-Road  Incorporations."'    Approved  Feb,  12, 1853,  204 

5.  An  Act  to  enable  Rail-Road  Companies  and  Plank-Road  Compa- 

nies to  consolidate  their  stock.     Approved  Feb.  28,  1854 205 

6.  An  Act  to  facilitate  the  construction  of  Rail-Roads.      Approved 

March  1, 1854, 207 


1.  An  Act  further  to   amend   an  Act  regulating  Rail-Road   Com- 

panies, passed  Feb.  11,  1848,  and  for  other  purposes.     Passed 
March  13, 1849 208 

2.  An  Act  authorizing  Rail-Road  Companies  to  change  their  Gauge 

or  width  of  track  in  certain  cases.     Passed  March  24,  1852, 209 

3.  An  Act  relating  to  the  sale  of  Bonds  of  Rail-Road  Companies,  and 

to  increase  the  number  of  Directors.    Passed  December  15,  1852,  209 

4.  An  Act  to  regulate  Rail-Road  Mortgages.     Passed  March  9,  1853,  210 

5.  An  Act  authorizing  Rail-Road  Companies  to  issue  Bonds  and  in- 

crease their  Capital  Stock  in  certain  cases.     Passed  March  11, 
1853, 211 


Articles  of  Consolidation  and  Agreement  between  the  Michigan  South- 
ern Rail-Road  Company  and  the  Northern  Indiana  Rail-Road 
Company,  constituting  the  Michigan  Southern  and  Northern  Indi- 
ana Rail-Road  Company, 212 


CHARTER,  LAWS,  &c. 


AN  ACT 

BEGULATTNa    KAIL-KOAD   COMPANIES. 

SEC.  1.  Be  it  enacted  l>y  the  General  Assembly  of  the 
State  of  Ohio,  That  whenever  any  number  of  persons, 
not  less  than  five,  shall  be  named  as  corporators  in  any 
act  of  the  General  Assembly,  and  authorized  to  construct 
a  rail-road,  they  and  their  associates,  successors  and 
assigns,  by  the  name  and  style  provided  in  said  act,  shall 
thereafter  be  deemed  a  body  corporate,  with  succession, 
with  power  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  contract  and  be  contracted 
with,  acquire  and  convey  at  pleasure,  all  such  real  and 
personal  estate  as  may  be  necessary  and  convenient  to 
carry  into  effect  the  objects  of  the  incorporation,  to  make 
and  use  a  common  seal,  and  the  same  to  alter,  break  and 
renew  at  pleasure,  and  do  all  needful  acts  to  carry  into 
effect  the  object  for  which  it  was  created ;  and  such  com- 
pany shall  possess  all  the  powers,  and  be  subject  to  all 
the  rules  and  restrictions  provided  by  this  act,  except  so 
far  as  may  be  modified  by  the  special  act  incorporating 
the  same. 

SEC.  2.  Said  corporation  shall  be  authorized  to  con- 
struct and  maintain  a  rail-road,  with  a  single  or  double 
track,  with  such  side  tracks,  turn-outs,  office's  and  depots, 
as  they  may  deem  necessary  between  the  points  named 

1 


in  the  special  act  incorporating  the  same,  commencing  at 
or  within,  and  extending  to  or  into  any  town,  city  or 
village  named  as  the  place  of  beginning,  or  terminus  of 
such  road,  and  construct  branches  from  the  main  lines  to 
other  towns  or  places  within  the  limits  of  any  county 
through  which  said  road  may  pass. 

SEC.  3.  The  capital  stock  of  such  company  shall  be 
divided  into  shares  of  fifty  dollars  each,  and  consist  of 
such  sum  as  may  be  provided  in  the  special  act  in- 
corporating the  same;  such  shares  shall  be  regarded 
as  personal  property,  and  shall  be  subject  to  execution 
at  law. 

SEC.  4.  An  instalment  of  five  dollars  on  each  share  of 
stock  shall  be  payable  at  the  time  of  making  the  sub- 
scription, and  the  residue  thereof  shall  be  paid  in  such 
Instalments,  and  at  such  times  and  places,  and  to  such 
persons  as  may  be  required  by  the  directors  of  said 
company, 

SEC.  5.  If  any  instalment  of  stock  shall  remain  unpaid 
for  sixty  days  after  the  time  it  may  be  required,  whether 
such  stock  is  held  by  an  assignee,  transferree  or  the 
original  subscriber,  the  same  may  be  collected  by  an 
action  of  debt,  with  a  penalty  of  five  per  centum  there- 
in, or  the  directors  may  sell  the  stock  so  unpaid  at  public 
:auction,  for  the  instalment,  interest  and  penalty  then 
due  thereon — fijst  giving  thirty  days'  public  notice  of 
the  time  and  place  of  sale,  in  some  newspaper  in  general 
circulation  in  the  county  where  such  delinquent  stock- 
holder resided  at  the  time  of  making  such  subscription, 
or  becoming  such  assignee  or  transferree,  or  of  his  actual 
.residence  at  the  time  of  said  sale;  or,  if  such  stock- 
holder reside  out  of  the  state,  such  publication  shall  be 
made  in  the  county  where  the  principal  office  of  the 
company  is  located ;  and  if  any  residue  of  money  shall 
remain,  after  paying  the  amount  due  on  said  stock,  the 
same  shall,  on  demand,  be  paid  over  to  the  owner ;  if 
.the  whole  of  said  instalment  be  not  paid  by  such  sale, 


the  remainder  shall  be  recoverable  by  an  action  of  debt 
against  the  subscriber,  assignee  or  transferree. 

SEC.  6.  That  whenever  any  rail-road  company  hereto- 
fore incorporated,  or  created  and  incorporated  under  the 
provisions  of  this  act,  shall,  in  the  opinion  of  the  direct- 
ors thereof,  require  an  increased  amount  of  capital  stock, 
they  shall,  if  authorized  by  the  holders  of  a  majority  of 
the  stock,  file  with  the  auditor  of  state  a  certificate, 
setting  forth  the  amount  of  such  desired  increase,  which 
shall  not  exceed  the  amount  of  the  original  capital  of 
said  company,  and  thereafter  such  company  shall  be 
entitled  to  have  such  increased  capital  as  is  fixed  by 
said  certificate. 

SEC.  7.  That  the  persons  named  in  any  special  act  of 
incorporation,  or  any  five  of  them,  shall  be  authorized 
to  order  books  to  be  opened  for  receiving  subscriptions 
to  the  capital  stock  of  said  company,  at  such  time  or 
times,  and  at  such  place  or  places,  as  they  may  deem 
expedient,  after  having  given  at  least  twenty  days' 
notice  in  a  newspaper  published  or  generally  circulated 
in  one  or  more  counties  where  books  of  subscription  are 
to  be  opened,  of  the  time  and  place  of  opening  books ; 
and  so  soon  as  fifty  thousand  dollars,  or  ten  per  centum 
on  the  capital  stock  shall  be  subscribed,  they  may  give 
like  notice  for  a  meeting  of  the  stockholders,  to  meet  at 
such  time  and  place  as  they  may  designate,  for  the  pur- 
pose of  choosing  directors,  who  shall  continue  in  office 
until  the  time  fixed  for  the  annual  election,  and  until 
their  successors  are  chosen  or  qualified ;  at  the  time  and 
place  appointed,  seven  directors  shall  be  chosen  by  bal- 
lot, by  such  of  the  stockholders  as  shall  attend  for  that 
purpose,  either  in  person  or  by  lawful  proxies;  each 
share  shall  entitle  the  owner  to  one  vote,  and  a  plurality 
of  votes  shall  be  necessary  for  a  choice ;  but  after  the 
first  election  of  directors,  no  person  shall  vote  on  any 
share  on  which  any  instalment  is  due  and  unpaid.  The 
persons  named  in  such  special  act,  or  such  of  them  as 
may  be  present,  shall  be  inspectors  of  such  election,  and 


shall  certify  what  persons  are  elected  directors,  and  ap- 
point the  time  and  place  for  holding  their  first  meeting  ; 
a  majority  of  said  directors  shall  form  a  board,  and  be 
competent  to  fill  vacancies  in  their  board,  make  by-laws, 
and  transact  all  business  of  the  corporation ;  a  new  elec- 
tion shall  be  annually  held  for  directors,  at  such  time* 
and  place  as  the  stockholders,  at  their  first  meeting,  shall 
determine,  or  as  the  by-laws  of  the  corporation  may  re- 
quire ;  and  the  directors  chosen  at  any  election  shall,  so 
soon  thereafter  as  may  be  convenient,  choose  one  of  their 
number  to  be  president,  and  shall  appoint  a  secretary 
and  treasurer  of  the  corporation.  The  directors,  before 
entering  on  their  duties,  shall  each  take  an  oath  faith- 
fully to  discharge  his  duties,  and  they  shall,  from  time 
to  time,  make  such  dividends  of  the  profits  of  said  com- 
pany as  they  may  think  proper. 

SEC.  8.  If  such  rail-road  company  shall  not  be  organ- 
ized within  three  years  from  the  passage  of  the  special 
act  incorporating  the  same,  and  not  less  than  ten  miles 
of  such  road  be  completed  sufficiently  for  use  within 
seven  years  from  the  same  date,  then  the  act  creating  the 
same  shall  be  void. 

SEC.  9.  Such  corporation  is  authorized  to  enter  upon 
any  land  for  the  purpose  of  examining  and  surveying  its 
rail-road  line,  and  may  appropriate  so  much  thereof  as 
may  be  deemed  necessary  for  its  rail-road,  including  ne- 
cessary side  tracks,  depots,  workshops  and  water  stations, 
materials  for  construction,  except  timber,  a  right  of  way 
over  adjacent  lands,  sufficient  to  enable  such  company  to 
construct  and  repair  its  road,  and  a  right  to  conduct  water 
by  aqueducts,  and  the  right  of  making  proper  drains. 
The  corporation  shall  forthwith  deposit  with  the  clerk  of 
the  Court  of  Common  Pleas,  or  other  court  of  record,  of 
the  county  where  the  land  lies,  a  description  of  the  rights 
and  interests  intended  to  be  appropriated,  and  such  lands, 
rights  and  interests  shall  belong  to  said  company  to  use 
for  the  purpose  specified,  on  making  payment  or  giving 
security,  as  is  hereafter  provided.  The  corporation  may, 


by  its  directors,  purchase  any  such  lands,  materials,  right 
of  way  or  interest,  of  the  owners  of  such  land ;  or,  in 
case  the  same  is  owned  by  a  person  insane,  or  an  infant, 
at  a  price  to  be  agreed  upon  by  the  regularly  constituted 
guardian  or  parent  of  such  insane  person  or  infant,  if  the 
.same  shall  be  approved  by  the  court  in  which  the  de- 
scription aforesaid  shall  be  filed ;  and,  on  such  agreement 
and  approval,  the  owner,  guardian  or  parent,  as  the  case 
may  be,  shall  convey  the  said  premises  so  purchased,  in 
fee  simple  or  otherwise,  as  the  parties  may  agree,  to  such 
rail-road  company,  and  the  deed,  when  made,  shall  be 
deemed  valid  in  law.  If  the  corporation  shall  not  agree 
with  the  owner  of  the  land,  or  with  his  guardian,  if  the 
owner  is  incapable  of  contracting,  touching  the  damages 
sustained  by  such  appropriation,  such  corporation  shall 
deliver  to  such  owner  or  guardian,  if  within  the  county, 
a  copy  of  such  instrument  of  appropriation.  If  the  owner, 
or  his  guardian,  in  case  such  owner  is  incapable  of  con- 
tracting, be  unknown,  or  do  not  reside  within  the  county, 
such  corporation  shall  publish  in  some  newspaper  of  gene- 
ral circulation  in  the  county,  for  the  term  of  three  weeks, 
an  advertisement  reciting  the  substance  of  such  instru- 
ment of  appropriation  ;  upon  filing  such  act  of  appropri- 
ation, and  delivery  of  such  copy,  or  making  such  publi- 
cation, the  Court  of  Common  Pleas  or  other  court  of 
record  of  the  county  where  the  land  lies,  or  any  judge 
thereof  in  vacation,  upon  application  of  either  party, 
shall  appoint,  by  warrant,  three  disinterested  freeholders 
of  such  county,  to  appraise  the  damages  which  the  owner 
of  the  land  may  sustain  by  such  appropriation  ;  such  ap- 
praisers shall  be  duly  sworn ;  they  shall  consider  the  benefit 
as  well  as  injury  which  such  owner  shall  sustain  by  reason 
of  such  rail-road,  and  shall,  forthwith,  return  their  assess- 
ment of  damages  to  the  clerk  of  said  court,  setting  forth 
the  value  of  the  property  taken,  or  damage  done  to  the 
property ;  the  amount  of  benefit  conferred,  and  the  dif- 
ference between  the  value  of  or  damage  done  to  the 
property  taken,  which  they  assess  to  such  owner  or  owners 


6 

separately,  to  be  by  him  filed  and  recorded  ;  and  there- 
upon, such  corporation  shall  pay  to  said  clerk  the  amount 
thus  assessed,  or  secure  the  payment  to  the  satisfaction 
of  such  court,  or  of  the  judge  issuing  the  warrant.  And 
on  making  payment  or  tender  thereof  to  said  clerk,  or  on 
giving  such  security  as  may  be  required,  it  shall  be  law- 
ful for  such  corporation  to  hold  the  interests  in  such  lands 
or  materials  thus  appropriated,  and  the  privilege  of  using 
any  materials  on  said  roadway  within  fifty  feet  on  each 
side  of  the  centre  of  such  roadway,  for  the  uses  aforesaid, 
the  costs  of  such  award  shall  be  paid  by  such  company ; 
and,  on  motion,  by  any  party  interested,  and  showing 
said  proceedings,  the  court  may  order  payment  thereof, 
and  enforce  such  payment  by  execution.  The  award  of 
said  arbitrators  may  be  reviewed  by  the  Court  of  Com- 
mon Pleas,  or  other  court  in  which  proceedings  may  be 
had,  on  written  exception  filed  by  either  party  in  the 
clerk's  office,  within  ten  days  after  the  filing  of  such 
award ;  and  the  court  shall  take  such  order  therein  as 
right  and  justice  may  require,  by  ordering  a  new  ap- 
praisement, on  good  cause  shown  :  Provided,  That  not- 
withstanding such  appeal,  said  company  may  take  pos- 
session of  tne  property  described  as  aforesaid,  and  the 
subsequent  proceedings  on  the  appeal  shall  only  affect 
the  amount  of  compensation  to  be  allowed ;  if  prior  to 
the  assessment,  the  corporation  shall  tender  to  such  owner, 
or  his  guardian,  if  he  be  unable  to  contract,  an  amount 
equal  to  the  award  afterwards  made,  exclusive  of  costs, 
the  costs  of  arbitration  shall  be  paid  equally  by  such  com- 
pany, and  such  owner  or  guardian. 

SEC.  10.  That  whenever  any  rail-road  company,  here- 
tofore incorporated,  or  which  may  be  hereafter  incorpo- 
rated, shall  find  it  necessary,  for  the  purpose  of  avoiding 
annoyance  to  public  travel,  or  dangerous  or  difficult 
curves  or  grades,  or  unsafe  or  unsubstantial  grounds  or 
foundations,  or  for  other  reasonable  causes,  to  change  the 
location  or  grade  of  any  portions  of  their  road,  whether 
heretofore  made  or  hereafter  to  be  made,  such  rail-road 


companies  shall  be,  and  are  hereby  authorized  to  make 
such  changes  of  grade  and  location,  not  departing  from 
the  points  and  general  route  prescribed  in  the  charter  of 
such  company ;  and  for  the  purpose  of  making  any  such 
change  in  the  location  and  grade  of  any  such  road  as 
aforesaid,  such  company  shall  have  all  the  rights,  powers 
and  privileges  to  enter  upon,  and  take,  and  appropriate 
such  lands,  and  make  surveys  necessary  to  effect  such 
changes  and  grades,  upon  the  same  terms,  and  be  subject 
to  the  same  obligations,  rules  and  regulations  as  are  pre- 
scribed in  the  ninth  section  of  this  act,  and  shall  also  be 
liable  in  damages,  when  any  have  been  caused  by  such 
change,  to  the  owner  or  owners  of  the  lands  upon  which 
such  road  was  theretofore  located,  to  be  ascertained  and 
reserved  as  aforesaid ;  but  no  damages  shall  be  allowed 
unless  claimed  within  thirty  days  after  actual  notice 
of  such  intended  change  shall  be  given  to  such  owner  or 
owners,  if  residing  on  the  premises,  or  notice  by  publi- 
cation in  some  newspaper  in  general  circulation  in  the 
county,  if  non-resident :  Provided,  however,  That  no  such 
change  of  location  of  the  road  be  made,  unless  approved 
by  the  board  of  public  works ;  and  to  enable  the  board  of 
public  works  to  act  understandingly  upon  all  such  subjects, 
the  said  board  of  public  works  be,  and  is  hereby  directed 
to  appoint,  on  the  application  of  any  rail-road  company 
desiring  such  change,  a  competent  engineer  of  the  rail- 
road to  examine  the  proposed  new  route,  and  report  the 
facts  to  the  board  of  public  works :  Provided,  That  nothing 
contained  in  this  act  shall  be  so  construed  as  to  give  to 
the  Little  Miami  Rail-Road  Company  any  power  to  re- 
locate said  rail-road  south  of  its  present  location,  within 
the  corporate  limits  of  the  town  of  Fulton,  in  Hamilton 
county,  unless  such  change  shall  be  approved  by  the 
board  of  public  works. 

SEC.  11.  If  it  shall  be  necessary,  in  the  location  of  any 
part  of  any  rail-road,  to  occupy  any  road,  street,  alley  or 
public  way,  or  ground  of  any  kind,  or  any  part  thereof,  it 
shall  be  competent  for  the  municipal  or  other  corporation, 


8 

or  public  officers,  or  public  authorities,  owning  or  having 
charge  thereof,  and  the  rail-road  company,  to  agree  upon 
the  manner  and  upon  the  terms  and  conditions  upon 
which  the  same  may  be  used  or  occupied  ;  and  if  said 
parties  shall  be  unable  to  agree  thereon,  and  it  shall  be 
necessary,  in  the  judgment  of  the  directors  of  such  rail-road 
company,  to  use  or  occupy  such  road,  street,  alley  or  other 
public  way  or  ground,  such  company  may  apply  to  the 
Court  of  Common  Pleas  of  the  county  in  which  the  same 
is  situate,  setting  forth  the  aforesaid  facts  ;  and  said  court 
shall  thereupon  appoint  at  least  three  judicious,  disin- 
terested freeholders  of  the  county,  who  shall  proceed  to 
determine  whether  such  occupation  is  necessary,  and  if 
necessary,  the  manner  and  terms  upon  which  the  same 
shall  be  used,  and  make  return  of  their  doings  in  the 
premises  to  said  court,  who  shall,  if  they  deem  the  same 
just  and  proper,  make  the  necessary  order  to  carry  the 
same  into  effect,  or  they  may  order  a  review  of  the  same, 
as  such  court  may  consider  justice  and  the  public  interest 
require. 

SEC.  12.  Such  corporation  may  demand  and  receive, 
for  the  transportation  of  passengers  on  said  road,  not  ex- 
ceeding three  and  one-half  cents  per  mile,  and  for  the 
transportation  of  property  not  exceeding  five  cents  per  ton 
per  mile,  when  the  same  are  transported  a  distance  of 
thirty  miles  or  more ;  and  in  case  the  same  are  transported 
for  a  less  distance  than  thirty  miles,  such  reasonable  rate 
as  may  be  from  time  to  time  fixed  by  said  company  ;  at 
any  time  after  the  expiration  of  ten  years  from  the  time 
any  such  road  may  be  put  in  operation,  it  shall  be  lawful 
for  the  general  assembly  to  prescribe  the  rates  to  be 
charged  for  the  transportation  of  persons  or  property  upon 
said  road,  should  they  be  deemed  too  high,  and  may 
exercise  the  same  power  ten  years  thereafter:  Provided, 
That  no  reduction  shall  be  made  unless  the  net  profits  of 
the  company,  on  an  average  for  the  previous  ten  years, 
shall  amount  to  a  sum  equal  to  ten  per  centum  per  annum 


9 

upon  its  capital,  and  then  not  so  as  to  reduce  the  future 
probable  profits  below  the  said  per  centum. 

SEC.  13.  Such  company  shall  have  power  to  borrow 
money  on  the  credit  of  the  corporation,  not  exceeding  its 
authorized  capital  stock,  at  a  rate  of  interest  not  exceeding 
seven  per  cent,  per  annum,  and  may  execute  bonds  or  pro- 
missory notes  therefor,  and  to  secure  the  payment  thereof, 
may  pledge  the  property  and  income  of  such  company : 
Provided,  That  the  value  and  security  of  any  liens,  mort- 
gage, or  the  stock  held  in  or  against  such  company  by 
the  state  or  the  city  of  Cincinnati,  shall  not  thereby  be  in- 
jured or  otherwise  impaired. 

SEC.  14.  Such  company  may  acquire,  by  purchase  or 
gift,  any  lands  in  the  vicinity  of  said  road,  or  through 
which  the  same  may  pass,  so  far  as  may  be  deemed  con- 
venient or  necessary  by  said  company  to  secure  the  right 
of  way,  or  such  as  may  be  granted  to  aid  in  the  construc- 
tion of  such  road,  or  be  given  by  way  of  subscription  to 
the  capital  stock,  and  the  same  to  hold  or  convey  in  such 
manner  as  the  directors  may  prescribe  ;  and  all  deeds  and 
conveyances  made  by  such  company  shall  be  signed  by 
the  president,  under  the  seal  of  the  corporation  ;  and  any 
existing  rail-road  corporation  may  accept  the  provisions 
of  this  section,  the  five  preceding  sections  of  this  act,  or 
either  of  them,  and  after  such  acceptance,  all  conflicting 
provisions  of  their  respective  charters  shall  be  null  and 
void. 

SEC.  15.  It  shall  be  lawful  for  such  corporation,  when- 
ever it  may  be  necessary  in  the  construction  of  such  road, 
to  cross  any  road  or  stream  of  water,  or  to  divert  the  same 
from  its  present  location  or  bed  ;  but  said  corporation 
shall,  without  unnecessary  delay,  place  such  road  or 
stream  in  such  condition  as  not  to  impair  its  former  use- 
fulness. 

SEC.  16.  Such  corporation  shall,  as  soon  as  convenient 
after  its  organization,  establish  a  principal  ofiice  at  some 
point  on  the  line  of  its  road,  and  change  the  same  at 
pleasure,  giving  public  notice  in  some  newspaper  of  such 


10 

establishment  or  change ;  and  all  process  against  said 
company  shall  be  served  on  the  president  or  secretary, 
or  by  leaving  a  copy  at  the  principal  office  of  the  cor- 
poration. 

SEC.  17.  The  right  is  hereby  reserved  to  the  general 
assembly  to  provide  for  taxing  such  companies  by  any 
other  mode  than  that  now  authorized  by  the  provisions  of 
the  act  levying  taxes  on  all  property  of  the  state,  accord- 
ing to  its  true  value  ;  but  not  so  as  to  require  any  such 
company,  or  the  stockholders  thereof,  on  account  of  the 
stock  owned  by  them,  to  pay  any  greater  rate  of  taxes 
for  the  time  being  than  the  general  average  of  taxation 
for  all  purposes  on  other  property  of  equal  value  in  those 
counties  through  which  such  road  may  pass,  or  within  the 
limits  of  which  the  same  may  be  located  ;  and  any  exist- 
ing rail-road  company  may  accept  the  provisions  of  this 
section,  and  thereafter  be  liable  to  taxation,  as  provided 
by  the  act  levying  taxes  aforesaid,  subject  to  the  right  of 
the  general  assembly,  herein  reserved:  And  provided, 
also,  That  any  existing  rail-road  company  accepting  any 
of  the  provisions  of  this  act,  shall  thereafter  be  subject  to 
the  taxation  herein  provided,  subject  to  the  right  herein 
reserved. 

SEC.  18.  Every  company  organized  under  this  act 
shall  be  required  to  erect  at  all  points  where  their  road 
shall  cross  any  public  road,  at  a  sufficient  elevation  from 
such  public  road,  to  admit  of  the  free  passage  of  vehicles 
of  every  kind,  a  sign  with  large  and  distinct  letters  placed 
thereon,  to  give  notice  of  the  proximity  of  the  rail-road, 
and  warn  persons  of  the  necessity  of  looking  out  for  the 
cars ;  and  any  company  neglecting  or  refusing  to  erect 
such  sign,  shall  be  liable  in  damages  for  all  injuries 
occurring  to  persons  or  property  from  such  neglect  or  re- 
fusal. 

SEC.  19.  That  if  at  any  time  any  dispute  shall  arise 
between  any  company  incorporated  under  this  act  and 
the  potjt-master  general,  as  to  the  price  of  transporting  the 
mails,  the  governor  shall  have  power  to  adjust  the  same 


11 

by  arbitration  ;  but  nothing  contained  herein  shall  be  so 
construed  as  to  interfere  with  the  right  of  such  company 
to  fix  the  times  of  arrival  and  departure  of  their  trains, 
or  to  change  any  general  regulations  of  the  company. 

SEC.  20.  That  each  and  every  rail-road  company  incor- 
porated under  this  act  shall,  annually,  in  the  month  of 
January,  make  a  full  report  of  the  condition  of  its  affairs 
to  the  auditor  of  state,  showing  the  amount  of  the  capi- 
tal stock  of  such  company,  the  gross  amount  of  tolls  or 
receipts  during  the  previous  year,  the  cost  of  repairs  and 
incidental  expenses,  the  net  amount  of  profits  and  the 
dividends  made,  with  such  other  facts  as  may  be  neces- 
sary to  a  full  statement  of  the  affairs  and  condition  of 
such  road ;  and  the  auditor  shall,  annually,  present  an 
abstract  copy  of  such  report  to  the  general  assembly. 

SEC.  21.  The  width  of  the  track  or  gauge  of  all  roads 
under  this  act  shall  be  four  feet  ten  inches  between  the 
rails. 

SEC.  22.  It  shall  be  lawful  for  the  directors  of  any  rail- 
road company,  semi-annually,  to  compute,  allow  and  pay 
to  its  stockholders,  interest  at  the  rate  of  six  per  centum 
on  all  moneys  theretofore  paid  as  capital  stock,  to  be  set 
apart  and  paid  in  stock  or  cash,  as  the  directors  may  de- 
termine :  Provided,  That  they  shall  not  allow  or  pay  any 
interest  in  cash  to  stockholders,  while  any  debt  of  such  rail- 
road company  for  labor  or  materials  shall  be  due  and  un- 
paid :  And  provided  further,  That  the  capital  stock  shall, 
in  no  case,  be  reduced  by  such  payment  of  interest ;  and 
any  rail-road  company  may  establish  a  principal  office  in 
the  manner  and  for  the  purpose  named  in  the  sixteenth 
section  of  this  act. 

JOSEPH  S.  HAWKINS, 
Speaker  of  the  House  of  Representatives. 

CHARLES  B.  GODDARD, 

Speaker  of  the  Senate. 
February  11, 1848. 


12 


AN  ACT 

AUTHORIZING  RAIL-ROAD  COMPANIES  TO  OPEN  TRANSFER  BOOKS 
IN  OTHER  STATES. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  That  the  directors  of  any  rail-road  com- 
pany incorporated  by  the  general  assembly  of  the  state 
of  Ohio,  whenever  they  shall  deem  it  expedient  for  the 
interest  or  convenience  of  such  rail-road  company,  may 
and  they  are  hereby  authorized  to  open  transfer  books  in 
any  of  the  states  of  the  United  States,  for  the  purpose  of 
transferring  stock  which  may  be  purchased  or  held  by 
persons  out  of  this  state,  and  they  are  hereby  authorized 
to  employ  suitable  agents  or  agent  to  keep  such  transfer 
books,  whose  acts,  done  under  the  authority  of  this  act, 
shall  be  binding  on  the  said  rail-road  company. 

BENJAMIN  F.  LEITER, 
Speaker  of  the  House  of  Representatives. 

CHARLES  C.  CONVERS, 

Speaker  of  the  Senate. 
March  21, 1850. 


The  present  constitution  of  the  state  of  Ohio  took 
effect  on  the  first  day  of  September,  1851,  and  contains 
the  following  provisions  : 

ART.  I.  SEC.  19.  Private  property  shall  ever  be  held 
inviolate,  but  subservient  to  the  public  welfare.  When 
taken  in  time  of  war,  or  other  public  exigency,  impera- 
tively requiring  its  immediate  seizure,  or  for  the  purpose 
of  making  or  repairing  roads,  which  shall  be  open  to  the 
public  without  chargej  a  compensation  shall  be  made  to 


13 

the  owner  in  money ;  and  in  all  other  cases,  where  private 
property  shall  be  taken  for  public  use,  a  compensation 
therefor  shall  first  be  made  in  money,  or  first  secured  by 
a  deposit  of  money ;  and  such  compensation  shall  be 
assessed  by  a  jury,  without  deduction  for  benefits  to  any 
property  of  the  owner. 

ART.  XIII.  SEC.  5.  No  right  of  way  shall  be  appro- 
priated to  the  use  of  any  corporation,  until  full  compen- 
sation therefor  be  first  made  in  money,  or  first  secured 
by  a  deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corpo- 
ration, which  compensation  shall  be  ascertained  by  a 
jury  of  twelve  men  in  a  court  of  record,  as  shall  be  pre- 
scribed by  law. 


AN  ACT 

TO  INCOKPOKATE  THE  NORTHERN"  INDIANA  RAIL-ROAD  COMPANY. 

SEC.  1.  Be  it  enacted  ~by  the  General  Assembly  of  the 
/State  of  Ohio,  That  John  Fitch,  Dennison  Steele,  John 
H.  Whitaker,  Edward  Haskell,  Thomas  S.  Stanfield, 
John  B.  Jervis,  Elisha  C.  Litchfield,  Charles  Butler, 
John  Stryker,  William  C.  Hannah  and  Edwin  C.  Litch- 
field, and  their  associates,  successors  and  assigns,  be  and 
they  are  hereby  created  a  body  corporate  and  politic, 
by  the  name  and  style  of  "The  Northern  Indiana  Rail- 
Road  Company,"  with  perpetual  succession,  and  by  that 
name  and  style  shall  be  entitled  to  have  and  enjoy,  and 
are  hereby  invested  with  all  the  rights,  privileges  and 
franchises,  and  be  subject  to  all  the  restrictions  of  the 
act,  entitled  "  An  act  regulating  Kail-Road  Companies," 
passed  February  11,  1848,  and  the  acts  amendatory 
thereto,  except  so  far  as  the  same  may  be  modified  by 
this  act. 

SEC.  2.  That  the  capital  stock  of  said  company  shall 
consist  of  five  hundred  thousand  dollars,  in  shares  of  one 


14: 

hundred  dollars  each,  with  the  privilege  of  increasing 
the  same  to  any  amount  not  exceeding  one  million  of 
dollars,  and  shall  have  power  to  construct  a  rail-road 
from  the  city  of  Toledo,  by  the  most  direct  and  practica- 
ble route,  to  the  state  line  of  Indiana,  in  the  county  of 
Williams,  and  at  such  point  as  the  Buffalo  and  Missis- 
sippi Rail-Road,  of  the  state  of  Indiana,  may  connect 
therewith,  or  such  other  road  as  may  be  incorporated  by 
said  state,  to  connect  with  and  to  form  a  continuous  line 
from  the  state  line  of  Illinois,  near  Chicago,  to  Toledo,  in 
this  state,  and  also  to  construct  a  rail-road  from  the  city 
of  Toledo,  northward,  in  the  direction  of  Monroe,  to  con- 
nect with  any  rail-road  running  from  the  direction  of 
Detroit  to  the  city  of  Toledo.  • 

SEC.  3.  That  the  persons  named  in  the  first  section  of 
this  act,  or  a  majority  of  them,  may  meet  at  such  place 
they  may  appoint,  and  proceed  to  open  books  for  sub- 
scription to  the  capital  stock  of  said  company ;  and  that 
so  soon  as  fifty  thousand  dollars  shall  have  been  sub- 
scribed, the  pei-sons  named  in  the  first  section  above  shall 
call  a  meeting  of  the  stockholders  for  the  election  of 
directors  of  the  said  company ;  and  that  the  stock  which 
may  be  subscribed  to  said  company  shall  be  payable  at 
such  time  and  in  such  instalments  as  may  be  directed 
by  the  board  of  directors,  and  shall  be  transferable  in 
such  manner  as  they  may  direct. 

SEC.  4.  Said  company  shall  have  power  to  sell  or  nego- 
tiate the  notes  or  bonds  of  the  company,  issued  by  such 
company,  at  such  times  and  at  such  places,  either  within 
or  without  this  state,  and  at  such  rate  and  for  such  prices 
as  may  be  deemed  best  fitted  to  advance  the  interests  of 
the  company ;  and  if  such  bonds  or  notes  are  thus  sold  at 
a  discount,  such  sale  shall  be  as  valid,  in  every  respect, 
as  if  they  were  sold  at  their  par  value. 

SEC.  5.  That  said  company  shall  be  and  is  hereby  au- 
thorized to  connect,  by  contract,  with  any  other  rail-road 
company  formed,  or  hereafter  formed  or  incorporated,  in 
the  states  of  Indiana  or  Michigan,  and  consolidate  its 


15 

capital  stock,  or  any  part  thereof,  with  the  capital  stock 
of  such  company  or  companies,  in  the  states  of  Indiana 
or  Michigan ;  and  to  have  and  use  the  style  and  name  of 
any  such  company,  or  of  such  other  name  as  they  may 
mutually  agree  upoA,  and  shall  constitute  a  part  of  said 
company  thus  consolidating ;  and  in  case  of  such  con- 
solidation, to  have  an  uniform  width  of  track  with  the 
rail-road  thus  connected  with. 

JOHN  F.  MORSE, 
Speaker  of  the  House  of  Representatives. 

CHARLES  C.  CONVERS, 

- .  Speaker  of  the  Senate. 

March  3, 1851. 


AN  ACT 

TO  PROVIDE  FOR  COMPENSATION  TO  OWNERS  OF  PRIVATE 
PROPERTY  APPROPRIATED  TO  THE  USE  OF  CORPORATIONS. 

SEC.  1.  Be  it  enacted  ~by  the  General  Assembly  of  the 
State  of  Ohio,  That  all  appropriations  of  private  property 
to  the  use  of  any  and  every  corporation  now  existing,  or 
that  may  hereafter  be  created  in  this  state,  which  may 
be  authorized  by  law  to  make  such  appropriation  for 
the  right  of  way,  or  for  any  other  purpose  which  may 
be  within  the  scope  of  the  legal  authority  of  such  corpo- 
ration, shall  be  made  and  conducted  in  accordance  with 
the  provisions  of  this  act. 

SEC.  2.  Whenever  any  such  corporation  shall  wish  to 
make  any  such  appropriation,  and  shall  be  unable  to  agree 
with  the  owner  or  owners  of  the  property  sought  to  be 
appropriated,  or  with  his,  her  or  their  authorized  agent  or 
attorney,  upon  the  compensation  to  be  paid  therefor,  it 
shall  be  the  duty  of  such  corporation,  by  its  proper  officer, 
agent  or  attorney,  to  make  out  a  statement,  which  shall 


16 

contain  a  specific  description  of  each  parcel  of  property 
and  rights  sought  to  be  appropriated,  within  the  county 
where  such  application  shall  be  made,  and  which  such 
corporation,  at  the  time  of  filing  such  statement,  seeks  to 
appropriate,  of  the  work,  if  any,  intended  to  be  con- 
structed thereupon,  the  name  or  names  of  the  owners  of 
each  parcel,  if  known,  or  if  not,  a  statement  of  that  fact ; 
and  such  statement  shall  be  forthwith  filed  with  the  pro- 
bate judge  of  the  proper  county. 

SEC.  3.  That  it  shall  be  the  duty  of  the  probate  judge, 
on  receiving  such  notice,  to  immediately  notify  the  clerk 
of  the  Court  of  Common  Pleas  and  sheriff  of  the  county, 
of  the  filing  of  such  statement ;  and  the  said  clerk  and 
sheriff  shall,  within  one  day  after  receiving  such  notice, 
proceed  to  select  from  the  names  returned  to  serve  as 
jurors,  a  jury  of  twelve  men,  in  the  same  manner  that 
jurors  are  selected  for  the  trial  of  any  cause  in  the  Court 
of  Common  Pleas,  for  the  purpose  of  estimating  and 
valuing  the  amount  of  compensation  each  owner  or  own- 
ers shall  receive  or  be  entitled  to,  by  reason  of  such  ap- 
propriation ;  and  the  said  clerk  shall  immediately  return 
the  names  of  the  jurors  so  drawn  to  the  probate  judge, 
who  shall  thereupon  issue  his  venire  facias  to  the  sheriff 
or  other  proper  officer  of  the  county,  to  summon  such 
jurors  so  drawn  as  aforesaid,  to  attend  on  some  day  spe- 
cified at  the  office  of  said  judge,  not  exceeding  five  days 
from  the  issuing  of  said  venire,  then  and  there  to  be.im- 
panneled  and  sworn  to  render  a  just  verdict,  in  the  man- 
ner hereinafter  described ;  and  shall,  at  the  time  of  issu- 
ing such  venire,  issue  a  notice  to  the  several  owners  of 
property  so  sought  to  be  appropriated,  of  the  time  when 
said  jury  will  meet  at  the  office  of  said  judge,  for  the 
purposes  aforesaid ;  which  notice  such  sheriff  or  other 
officer  shall  serve  upon  the  party  therein  named,  at  the 
time  of  serving  such  venire. 

SEC.  4r.  It  shall  be  the  duty  of  the  sheriff,  or  other  pro- 
per officer  receiving  such  venire  facias,  to  summon  the 
person  therein  named  in  the  same  manner  that  jurors 


17 

are  summoned  to  attend  the  Court  of  Common  Pleas ; 
and  if,  by  reason  of  non-attendance,  challenge  for  cause, 
or  for  any  other  reason,  such  jury  shall  not  be  full,  the 
sheriff  shall  fill  the  same  with  talesmen,  as  in  like  cases 
in  the  Court  of  Common  Pleas ;  but  no  challenge,  except 
for  cause,  shall  be  allowed  to  either  party. 

SEC.  5.  When  the  panel  is  so  filled,  it  shall  be  the  duty 
of  the  probate  judge  to  administer  the  following  oath  to 
the  jury  so  impanneled,  to  wit:  You  and  each  of  you  do 
solemnly  swear  or  affirm,  that  you  will  justly  and  impar- 
tially assess,  according  to  your  best  judgment,  the  dama- 
ges, in  money,  which  (here  name  the  owner  or  owners) 
will  (each)  sustain  by  reason  of  the  appropriation  of  such 
property  to  the- use  of  (here  repeat  the  name  of  the  corpo- 
ration) in  the  proceedings  now  pending ;  and  you  do  fur- 
ther swear  or  affirm,  that  you  will  truly,  faithfully  and 
impartially  estimate  and  assess  the  amount  of  such  com- 
pensation, irrespective  of  any  benefit  to  him  from  any 
improvement  proposed  by  said  corporation;  this  you 
swear,  as  you  shall  answer  to  God,  (or  affirm,)  under  the 
pains  and  penalties  of  perjury.  And  the  said  probate 
judge,  before  administering  such  oath  or  affirmation,  shall 
personally  inquire  of  each  juror  whether  he  is  interested 
in  such  corporation,  either  as  owner,  stockholder,  agent 
or  attorney,  or  in  any  other  manner ;  and  if  any  juror 
shall  answer  such  question  in  the  affirmative,  such  juror 
shall  be  excused  from  serving,  and  the  panel  shall  be 
filled  with  talesmen  by  the  sheriff,  as  in  other  cases. 

SEC.  6.  It  shall  be  lawful  for  the  said  probate  judge, 
upon  motion  of  either  party,  to  issue  the  following  writ  to 
the  sheriff,  or  other  proper  officer,  to  wit :  To  the  sheriff 
of county :  You  are  hereby  commanded  to  con- 
duct the  twelve  jurors  named  in  the  panel  to  this  writ 
annexed,  to  view  the  property  or  premises  sought  to  be 
appropriated  by  (here  state  the  name  of  the  corporation) 
and  owned  by  (here  state  the  name  of  the  owner  or 

owners)  on the day  of  ,  then  and 

there  to  view  the  premises  or  property  aforesaid  in  the 

2 


18 

presence  of  A.  B.  on  the  part  of  the  corporation  afore- 
said, and  C.  D.  on  the  part  of  the  owner,  (or  owners,) 
appointed  by  this  court ;  and  you  shall  make  return  of 
the  manner  you  have  executed  this  writ,  to  this  court,  on 

the day  of ,  A.  D. ,  and  have  you 

then  there  this  writ.  The  aforesaid  shall  be  signed  by 
the  probate  judge,  and  certified  under  his  seal  of  office, 
and  he  shall  also  deliver  to  the  sheriff  a  copy  of  the 
statement,  containing  a  separate  description  of  each  parcel 
of  property  and  rights  sought  to  be  appropriated  within 
the  county ;  and  he  shall  have  the  power  to  appoint  the 
two  persons  therein  named;  and  the  sheriff,  or  other 
proper  officer,  who  is  to  execute  said  writ,  shall,  by  a 
special  return  upon  the  same,  certify  under  his  hand  that 
the  view  has  been  made,  according  to  the  command  there- 
of. The  expenses  of  taking  such  view  shall  be  taxed  in 
the  bill  of  costs,  and  no  evidence  shall  be  given  on  either 
side  at  the  taking  thereof:  Provided,  That  witnesses  may 
be  examined  before  said  jury,  after  their  return  to  the 
court  aforesaid,  and  the  trial  in  each  case  shall  be  con- 
ducted thereafter  in  said  probate  court,  in  the  same  man- 
ner that  the  trial  of  civil  cases  is  conducted  in  the  Court 
of  Common  Pleas  of  the  county  in  which  said  proceeding 
is  had :  Provided,  That  if  more  than  three  witnesses  are 
examined  by  either  party  on  the  same  point  in  the  same 
case,  the  said  probate  judge  shall  have  power  to  tax  the 
fees  and  costs  of  such  witnesses  to  the  party  calling  the 
same. 

SEC.  7.  If  the  owner  or  owners,  or  his,  her  or  their  guar- 
dian, as  the  case  may  be,  are  unknown,  or  do  not  reside  with- 
in the  county  where  such  property  may  be  situated,  such 
corporation,  by  its  proper  officer,  authorized  agent  or  at- 
torney, shall  make  affidavit  to  that  fact,  and  shall,  never- 
theless, file  such  statement  as  is  required  by  the  second 
section  of  this  act,  in  the  probate  court,  and  shall  also 
publish  in  some  newspaper  of  general  circulation  in  such 
county,  for  the  term  of  four  weeks,  an  advertisement  con- 
taining a  description  of  the  property  sought  to  be  appro- 


19 

priated ;  and  a  notice  that  they  have  made  application 
according  to  law,  for  such  appropriation,  specifying  the 
day,  which  shall  be  within  ten  days  from  the  expiration 
of  said  term  of  four  weeks,  in  which  a  jury  will  be  selected 
to  assess  the  compensation  to  be  paid  therefor ;  and  upon 
such  a  day  a  jury  be  irnpanneled  and  sworn  by  the  pro- 
bate judge,  and  the  proceedings  shall  thereafter  be  con- 
ducted in  accordance  with  the  foregoing  provisions  of  this 
act 

SEC.  8.  The  jurors  summoned  and  serving  in  accord- 
ance with  the  provisions  of  this  act,  shall  each  receive 
one  dollar  per  day  for  their  services,  and  five  cents  per 
mile  for  every  mile  of  the  distance  they  may  be  compelled 
to  travel  in  the  discharge  of  their  duties ;  the  sheriff  shall 
be  entitled  to  such  fees  as  he  may  be  allowed  by  law  for 
similar  services  in  other  cases,  but  he  shall  not  be  allowed 
anything  in  the  way  of  poundage ;  the  witnesses  shall  be 
allowed  the  same  fees  to  which  they  would  be  entitled 
for  attendance  on  the  Court  of  Common  Pleas ;  the  pro- 
bate judge  shall  be  allowed  to  enter  a  charge  of  three 
dollars  in  the  cost  bill  for  his  services,  and  no  more ;  and 
the  whole  costs  so  taxed  shall  be  paid  by  the  corporation 
seeking  to  make  such  appropriation  :  Provided,  That  such 
corporation,  by  its  proper  officer,  agent  or  attorney,  may, 
at  the  time  of  filing  the  statement  aforesaid,  with  the 
probate  judge,  deposit  with  said  officer  such  an  amount 
in  money  as  they  may  deem  a  just  and  equitable  com- 
pensation for  the  property  and  rights  sought  to  be  appro- 
priated ;  and  if  the  final  verdict  of  the  jury  shall  not 
exceed  the  amount  so  deposited,  the  whole  costs  of  the 
proceedings  shall  be  equally  divided  between  the  corpo- 
ration and  the  owner  of  such  property,  in  case  of  his 
refusal  to  accept  the  same. 

SEC.  9.  All  the  proceedings  hereinbefore  provided  for 
in  the  probate  court,  shall  be  open  to  exceptions,  in  the 
same  manner  that  exceptions  are  or  may  be  taken  in 
civil  suits  in  the  Court  of  Common  Pleas,  and  either  party 
may  take  the  same  up  to  the  Court  of  Common  Pleas  of 


20 

the  proper  county,  on  a  writ  of  certiorari,  which  shall  be 
issued  of  course  by  the  clerk  thereof,  upon  the  filing  of  a 
precipe,  in  which  case  such  exceptions,  signed  and  sealed 
by  the  probate  judge,  shall  be  taken  and  considered  as  a 
part  of  the  record  of  such  proceedings :  Provided,  That 
such  writ  of  certiorari  shall  be  issued  within  fifteen  days 
from  the  rendition  of  the  judgment  in  the  probate  court : 
Provided,  That  such  corporation  shall  have  the  right,  on 
the  finding  of  the  jury  in  the  probate  court,  to  pay  into 
court  the  amount  of  compensation  so  found,  and  proceed 
to  enter  upon  and  appropriate  such  property,  notwith- 
standing the  cause  may  be  removed  to  the  Court  of 
Common  Pleas. 

SEC.  10.  If  the  Court  of  Common  Pleas,  upon  the  hear- 
ing of  the  cause,  shall  affirm  the  judgment  of  the  probate 
court,  all  the  costs  in  said  Court  of  Common  Pleas  shall 
be  paid  by  the  party  at  whose  instance  the  writ  of  certi- 
orari shall  have  been  issued ;  and  if  they  shall  reverse 
such  judgment,  they  shall  retain  such  cause  for  trial  and 
final  judgment  in  said  Court  of  Common  Pleas,  as  in 
other  cases,  which  trial  shall  be  had  at  the  term  of  the 
reversal  of  such  original  judgment,  unless  for  good  cause 
shown  by  either  party,  the  court  shall  grant  a  continu- 
ance of  such  cause  ;  and  on  the  trial  of  such  cause  in  the 
'  Court  of  Common  Pleas,  the  same  oath  or  affirmation 
shall  be  administered  to  the  jury  as  is  provided  for  in  the 
fifth  section  of  this  act. 

SEC.  11.  The  jury  shall  render  their  verdict  to  the  pro- 
bate judge,  who  shall  enter  the  same  on  his  minutes; 
and  unless  for  good  reason  shown,  the  court  shall  grant  a 
new  trial,  the  judge  shall  enter  of  record  a  confirmation 
of  the  verdict  so  rendered,  and  upon  the  payment  of  the 
amount  for  which  the  verdict  is  rendered,  and  such  costs 
as  may  be  assessed,  the  court  shall  render  a  judgment, 
to  the  effect,  that  the  said  corporation  shall  hold  the 
property  in  the  proceedings  mentioned  for  the  purposes 
for  which  the  same  was  appropriated,  and  enter  the  same 
upon  record  ;  and  thereupon  such  corporation  shall  hold 


21 

the  same  accordingly,  and  be  entitled  to  execution  to  put 
them  in  possession  thereof :  Provided,  That  if,  upon  certi- 
orari,  or  a  new  trial,  there  shall  be  a  second  assessment, 
which  shall  exceed  in  amount  that  first  made,  the  corpo- 
ration shall  pay  the  excess  to  the  owner  of  such  property, 
and  the  probate  judge  receiving  the  amount  so  first  de- 
cided to  be  due,  shall  retain  the  same  in  case  a  writ  of 
certiorari  shall  issue,  or  a  new  trial  be  granted ;  and  if 
the  verdict  of  the  second  jury  shall  be  less  than  that  of 
the  first,  he  shall  repay  to  such  corporation  the  difference 
upon  the  final  disposition  of  the  cause :  And  provided 
further,  That  in  case  a  new  trial  shall  be  granted,  at  the 
instance  of  the  owner  or  owners  of  the  property,  and  the 
verdict  of  the  second  jury  shall  be  the  same  as,  or  less  in 
amount,  than  that  first  rendered,  such  owner  shall  pay  the 
whole  costs  of  the  second  proceedings ;  and  if  it  shall  be 
more  than  that  first  rendered,  the  costs  of  such  second 
proceedings  shall  be  paid  by  the  corporation. 

SEC.  12.  The  probate  court  shall  have  power  to  enforce 
the  judgment  rendered  finally  in  such  cause,  by  execution 
or  otherwise. 

JAMES  C.  JOHNSON, 
Speaker  of  the  House  of  Representatives. 

WILLIAM  MEDILL, 

President  of  the  Senate. 

April  30,  1852. 


22 


AN  ACT 

TO   INCORPORATE    THE    BUFFALO    AND    MISSISSIPPI    KAIL-ROAD 
COMPANY. 

SEC.  1.  Be  it  enacted  ly  the  General  Assembly  of  the 
State  of  Indiana,  That  Gustavus  A.  Everts,  Aaron 
Staunton  and  John  B.  Niles,  of  the  county  of  Laporte ; 
Lathrope  M.  Taylor,  Samuel  C.  Sample  and  Horatio 
Chapin,  of  the  county  of  St.  Joseph ;  William  Latta, 
Thomas  Thomas,  James  K.  M'Cord,  John  Yoilet,  Aaron 
M.  Ferine  and  John  Rorrer,  of  the  county  of  Elkhart ; 
Ephraim  Sealy,  Luther  Newton,  Nehemiah  Coldren  and 
Robert  Latta,  of  Lagrange  county,  and  their  successors 
in  office,  duly  elected  as  hereinafter  directed,  are  hereby 

tio^corpora"  Appointed  a  body  politic  and  corporate,  and  by  the  name 
and  style  of  the  "  Buffalo  and  Mississippi  Rail-Road  Com- 
pany," shall  be  able  and  capable,  in  law  and  equity,  to 
sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
defended,  answer  and  be  answered  unto,  in  any  and  all 
courts  of  justice  whatever ;  to  make  and  use  a  common 
seal,  and  the  same  to  alter,  change  or  renew  at  pleasure ; 
and  shall  be  able  and  capable  in  law  to  make  contracts, 
and  enforce  the  same ;  to  make  and  enforce  the  neces- 
sary by-laws,  rules  and  regulations,  to  enable  them  to 
carry  into  effect  the  provisions  of  this  act,  and  the  objects 
contemplated  by  the  same,  not  inconsistent  with  the  laws 
and  constitution  of  the  state. 

capital.  SEC.  2.  The  capital  stock  of  said  corporation  shall  be 
five  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each. 

Organization  SEC.  3.  The  directors  named  in  this  act,  or  a  majority 
of  them,  may  meet  at  such  time  and  place  as  they  may 
agree  on,  and  organize  said  corporation,  by  electing  one 
of  their  body  president ;  and  after  such  organization,  any 


23 

three  of  the  board  shall  be  a  quorum;  but  after  an 
election  for  directors,  it  shall  require  five  to  form  a 
quorum. 

SEC.  4:.  The  corporation  shall  have  power  to  appoint  Powers, 
agents,  clerks,  treasurers,  surveyors,  engineers,  superin- 
tendents, artists,  and  all  other  officers  and  persons  neces- 
sary to  carry  into  effect  the  objects  of  this  act.  They 
shall  keep  a  journal  of  their  proceedings,  in  which  shall 
be  entered  the  by-laws,  rules  and  regulations,  and  all 
orders  for  the  payment  of  such  allowances  as  may  be 
made  to  their  officers  and  all  others  in  their  employ ; 
which  journal  shall  from  time  to  time  be  read  by  the 
board,  and  if  found  correct,  signed  by  the  president. 
They  may  sit  on  their  own  adjournments,  or  on  the  call 
of  the  president ;  when  the  president  is  absent,  they  may 
appoint  a  president  pro  tempore.  They  shall  fill  all 
vacancies  that  may  happen  in  their  own  body. 

SEC.  5.  The  corporation  shall  cause  books  to  be  opened  tiojj)ubscrip" 
for  subscription  to  the  capital  stock,  at  such  time  and  at 
such  place  or  places  as  they  may  choose — due  notice  of 
which  shall  be  given — in  each  of  which  books  the  following 
entry  shall  be  made  : — "  We,  the  undersigned,  promise 
to  pay  the  sum  of  one  hundred  dollars  for  each  share  of 
stock  set  opposite  to  our  names,  in  such  manner  and  pro- 
portions, and  such  time,  as  the  president  and  directors  of 
the  Buffalo  and  Mississippi  Rail-Road  Company  may 

direct.    Witness  our  hands,  this  day  of 

183—." 

SEC.  6.  It  shall  be  lawful  for  all  persons  of  lawful     same. 
age — for  the  agent  of  any  corporate  body — for  the  agent 
of  any  state  or  United  States,  on  behalf  of  the  same,  to 
subscribe  for  any  amount  of  capital  stock,  and  the  books 
shall  be  kept  open  for  any  such  space  of  time,  and  a 
such  place  or  places  as  the  corporation  shall  choose,  and 
i  may  be  re-opened  at  any  time  ;   and  they  may,  by  an 
agent,  offer  for  sale  in  any  other  state  any  amount  of 
stock,  upon  such   terms  and   conditions  as   they  may 
think  advisable.     They  shall  have  power,  on  their  own 


24: 

credit,  to  borrow  money  on  such  terms  as  may  be  agreed 
on  by  the  parties,  and  pledge  the  corporation  and  stock 
for  the  payment  thereof.  The  said  corporation  may  re- 
quire such  sum  of  money  to  be  paid  at  the  time  of  sub- 
scribing, not  exceeding  five  dollars  on  each  share,  as 
they  may  think  proper ;  but  such  requisition  shall  be 
made  known  by  being  inserted  in  the  notice  for  opening 
the  books,  and  any  future  payments  on  the  stock  shall  be 
under  the  control  of  the  corporation. 

Choice  of  SEC.  7.  As  so.on  as  five  hundred  shares  are  subscribed 
for  and  five  dollars  paid  on  each  share,  it  shall  be  the  duty 
of  the  corporation  to  give  four  weeks'  notice  in  some  news- 
paper printed  in  the  vicinity  of  the  contemplated  route,  and 
in  such  notice  to  appoint  a  time  and  place  for  the  stock- 
holders to  meet  and  elect  seven  directors,  who  shall  be 
stockholders  and  citizens  of  the  state  :  (Provided,  however, 
That  if  Ohio  and  Illinois  states,  by  an  act  of  their  legis- 
latures, grant  an  extension  of  this  charter  through  their 
respective  states,  or  either  of  them,  to  the  head  of  the 
Maumee  Bay  and  the  Rapids  of  the  Illinois,  the  citizen 
stockholders  of  the  states  of  Ohio  and  Illinois  shall  be  en- 
titled to  the  like  privileges  and  immunities  of  the  citizen 
stockholders  of  Indiana  :)  which  election  of  directors  shall 
be  holden  within  two  months  after  the  last  share  of  five 
hundred  shares  shall  have  been  subscribed  for,  and  shall 
be  conducted  by  two  judges  appointed  by  the  stockhold- 
ers present,  and  the  persons  having  a  plurality  of  the 
votes  given  and  counted  in  public,  shall  be  declared  duly 
elected.  No  share  shall  confer  a  right  to  vote  at  any 
election,  unless  the  same  shall  have  been  held  one  month 
previous  to  the  election.  In  all  elections,  one  share  shall 
entitle  the  holder  to  one  vote,  and  the  votes  may  be  given 
by  the  persons  owning  the  same ;  or  by  one  of  any  part- 
nership ;  or  by  the  husband,  father,  mother,  administra- 
tor, executor,  trustee  or  guardian ;  or  by  the  authorized 
Proxies  agent  of  any  corporation,  state  or  United  States ;  or  any 
person  having  a  right  to  vote,  may  vote  by  proxy. 


SEC.  8.  It  shall  be  the  duty  of  the  directors  elected  as  President, 
above,  and  those  elected  at  all  subsequent  elections,  to 
meet  as  soon  thereafter  as  they  conveniently  can,  and 
elect  one  of  their  body  to  be  president.  The  president 
and  directors  thus  elected,  shall  continue  in  office  until 
the  next  anuual  election,  and  until  their  successors  are 
elected  and  organized. 

SEC.  9.  All  elections  after  the  first  shall  be  held  on  the       Annual 
first  Monday  of  October  annually,  under  the  direction  ofee 
three  stockholders  not  directors  at  the  time,  to  be  ap- 
pointed by  the  board  at  a  previous  meeting,  or  by  the 
stockholders  present,  of  which  election  notices  shall  be 
given :  Provided,  If,  from  any  cause  whatever,  there 
should  be  no  election  held  on  the  day  appointed  by  this 
act,  or  by  the  directors  of  the  first  election,  it  shall  be 
lawful  to  hold  the  election  on  another  day,  to  be  desig- 
nated by  the  directors. 

SEC.  10.  Certificates  of  stock  shall  be  given  to  the  stock, 
stockholders,  which  shall  be  evidence  of  the  stock  held ; 
they  shall  be  signed  by  the  president  and  countersigned 
by  the  clerk.  The  stock  shall  be  transferable  on  the 
books  of  the  corporation  only,  personally,  or  by  an  agent, 
attorney,  or  by  the  administrator,  executor,  trustee  or 
guardian,  but  such  stock  shall  at  all  times  be  holden  by 
the  corporation,  or  for  any  sum  that  may  hereafter 
become  due  on  contract  made  prior  to  such  transfer. 

SEC.  11.  The  corporation  shall  have  power  to  call  for  Assessments, 
such  proportion  of  the  stock  subscribed,  not  exceeding 
fifteen  per  cent,  of  the  amount  of  stock  subscribed,  every 
six  months,  as  they  may  think  proper,  to  be  paid  at  such 
time  and  place  as  they  may  designate,  by  giving  sixty 
days'  notice  in  at  least  two  weekly  newspapers  printed  in 
the  immediate  neighborhood  of  the  rail-road  herein  con- 
templated ;  or  by  giving  written  notice  to  the  stock- 
holders ;  in  all  such  notices  the  amount  on  each  share 
demanded,  and  the  time  and  place  of  payment,  shall  be 
set  forth;  and  if  any  stockholder  shall  neglect  or  refuse  to 
pay  such  requisition  within  ten  days  after  the  time  men- 


26 

tioned  for  such  payment,  the  corporation  may  bring  suit 
against  such  delinquent  for  the  amount  due  in  any  court 
of  competent  jurisdiction,  and  recover  the  amount,  with 
two  per  cent,  a  month  interest  thereon  for  such  detention ; 
and  if  the  amount  cannot  be  made  on  execution,  or  if 
such  delinquent  is  out  of  the  state,  then  the  corporation 
may,  by  an  order  on  their  books,  declare  such  stock  for- 
feited to  the  corporation,  with  whatever  amount  may  have 
been  paid  thereon,  and  the  same  shall  be  thereby  abso- 
lutely forfeited  to  the  corporation ;  and  no  such  delin- 
quent, before  the  forfeiture  of  his  stock,  shall  have  the 
right  to  vote  for  directors,  or  receive  any  dividend  on  his, 
her  or  their  stock,  until  the  corporation  is  fully  paid  and 
satisfied. 

Bonds.  SEC.  12.  The  corporation  shall  require  of  all  officers  in 

their  employ  bonds  with  security  to  their  acceptance, 
with  such  penalty  as  they  may  think  proper,  for  the  faith- 
ful performance  of  their  respective  duties. 
TO  locate     SEC.  13.  The  corporation,  by  their  agents,  shall  have 

aroad.          „  „  *  '      J  . 

mil  power  from  time  to  time  to  examine,  survey,  mark 
and  locate  the  route  of  said  rail-road  for  a  single  or 
road?°ute  °f  double  track,  commencing  on  the  eastern  line  of  the  state, 
in  a  direction  to  the  head  of  the  Maumee  Bay,  as  near 
on  a  line  between  the  head  of  Maumee  Bay  and  the 
Rapids  as  circumstances  will  permit,  and  running  on  the 
best  ground  for  the  interest  of  the  company  and  con- 
venience of  the  public,  to  the  west  line  of  the  state,  in 
the  most  approved  direction  to  strike  the  Rapids  of  the 
Illinois  or  highest  steamboat  navigation  of  said  river  in 
the  Illinois  state  :  Provided,  however,  That  if  either  of  the 
state  legislatures  of  Ohio  or  Illinois  do  grant  the  privilege 
to  said  corporation  to  construct  said  rail-road  through 
that  portion  of  their  states  to  either  or  both  of  the  desig- 
nated points,  then  and  in  that  case  the  said  corporation 
shall  commence  at  a  suitable  place  at  the  head  of  the 
Maumee  Bay,  on  Lake  Erie,  and  running  on  the  best 
ground  for  the  interest  of  the  company  and  convenience 
of  the  public,  through  the  state  of  Indiana  to  the  Rapids 


27 

of  Illinois,  in  the  state  of  Illinois,  with  full  power  to 
diverge  from  a  direct  line,  when  more  favorable  ground 
can  be  had  for  the  construction  of  said  road,  the  same  not 
to  exceed  eighty  feet  in  width. 

SEC.  14.  And  for  the  more  effectually  uniting  and  con-  same, 
necting  the  interest  of  said  route,  if  the  United  States 
government  do  cause  the  said  road  to  be  surveyed .  and 
located  from  the  head  of  the  Maumee  Bay  to  the  Kapids 
of  the  Illinois  river,  by  a  United  States  engineer,  against 
the  15th  day  of  October,  1835,  then  and  in  that  case  the 
said  corporation  shall  adopt  the  route  so  located  by  the 
United  States  engineer,  as  the  Buffalo  and  Mississippi  Eail- 
Eoad  route,  from  the  head  of  the  Maumee  Bay  to  the 
Kapids  of  the  Illinois  river  :  Provided,  Ohio  and  Illinois 
give  their  consent  to  said  location  ;  otherwise  to  remain 
as  in  the  thirteenth  section  specified. 

SEC.  15.  And  for  the  purpose  of  making  such  examina-  surveys,  &c 
tion  and  location,  it  shall  be  lawful  for  the  corporation, 
by  their  agents  and  persons  in  their  employ,  to  enter 
upon  any  land  to  make  surveys  and  estimates,  and  for 
the  purpose  of  searching  for  stone,  gravel,  wood  or  other 
materials  necessary  for  the  construction  of  said  road ;  but 
no  stone,  gravel,  wood  or  other  materials  necessary  for 
the  construction  of  said  road  shall  be  taken  away  from 
any  land  without  the  consent  of  the  owner  thereof,  until 
the  rate  of  compensation  shall  be  ascertained  and  paid. 

SEC.  16.  It  shall  be  lawful  for  the  corporation,  either  contract 
before  or  after  the  location  of  any  section  of  the  road,  to 
obtain  from  the  person  or  persons  through  whose  land 
the  same  may  pass,  a  relinquishment  of  so  much  of  the 
land  as  may  be  necessary  for  the  construction  or  location 
of  said  road,  as  also  the  stone,  gravel,  timber  or  other  ma- 
terials that  may  be  obtained  on  said  route,  and  may  con- 
tract for  stone,  gravel,  timber  and  other  materials ;  and 
it  shall  be  lawful  for  said  corporation  to  receive  by  do- 
nations, gifts,  grants  or  bequests,  land,  money,  labor, 
property,  stone,  gravel  or  other  materials,  for  the  benefit 
of  said  corporation  ;  and  all  such  contracts,  relinquish- 


28 

ments,  donations,  gifts,  grants  and  bequests,  made  and 
entered  into  in  writing  by  any  person  or  persons  capable 
in  law  to  contract,  made  in  consideration  of  such  location, 
and  for  the  benefit  of  the  corporation,  shall  be  binding 
and  obligatory ;  and  the  corporation  may  have  their 
action  at  .law,  in  any  court  of  competent  jurisdiction,  to 
compel  the  observance  of  the  same  :  Provided,  That  all 
such  contracts,  relinquishments,  donations,  gifts,  grants 
and  bequests,  shall  be  fully  and  plainly  made  in  writing, 
signed  by  the  party  making  the  same. 

Jury  in  SEC.  17.  That  in  all  cases  where  any  person,  through 
whose  land  the  road  may  run,  shall  refuse  to  relinquish 
the  same,  or  when  a  contract  between  the  parties  cannot 
be  made,  it  shall  be  lawful  for  the  corporation  to  give 
notice  to  some  justice  of  the  peace  in  the  county  where 
the  difficulties  may  occur,  that  such  facts  do  exist ; 
and  such  justice  of  the  peace  shall  thereupon  summon 
the  owner  of  such  land  to  appear  before  him  on  a  par- 
ticular day,  within  ten  days  thereafter,  and  shall  appoint 
twelve  disinterested  persons  of  the  neighborhood,  who 
shall,  after  taking  an  oath  faithfully  and  impartially  to 
assess  the  damages,  if  any,  view  the  lands  or  materials; 
and  after  having  taken  into  consideration  the  advantages 
as  well  as  disadvantages  the  road  may  be  to  the  same, 
and  shall  report  thereon,  whether  such  person.is  entitled 
to  damages  or  not,  and  if  so,  how  much,  and  shall  file 
such  report  with  such  justice ;  whereupon  such  justice 
shall  enter  judgment  thereon,  unless  for  good  cause  shown ; 
and  in  case  either  party  should  show  sufficient  cause  why 
judgment  should  not  be  entered,  the  justice  may  grant  a 
review  of  the  premises  either  with  or  without  cost :  Pro- 
vided, That  either  party  may  at  any  stage  of  the  proceed- 
ings appeal  to  the  Circuit  Court  of  the  proper  county,  as 
in  other  cases  ;  and  such  court  shall  appoint  reviewers  as 
above  directed,  who  may  report  at  that  or  the  ensuing 
term,  at  the  discretion  of  the  court ;  and  the  judgment 
of  the  Circuit  Court  shall  be  final. 
Minors,  &c.  gECt  ig.  And  in  all  cases  where  the  owner  or  owners 


29 

of  such  land  or  materials  shall  be  minors,  insane  persons, 
or  reside  out  of  the  county  in  which  such  land  is  situated, 
such  justice  shall  cause  three  notices  of  the  application 
made,  and  of  the  day  fixed  for  the  appointment  of  view- 
ers, to  be  posted  up  in  three  of  the  most  public  places  in 
the  county ;  and  if  no  person  shall  attend  on  the  day  named 
in  said  notices,  the  said  justice  shall  adjourn  the  same 
until  that  day  two  weeks,  at  which  time  he  shall  proceed 
as  if  such  person  or  persons  had  been  duly  notified  to  at- 
tend; and  on  such  judgment  being  rendered,  and  the 
corporation  complying  therewith  by  the  payment  of  costs 
or  damages  awarded  against  them,  the  corporation  shall 
be  seised  of  the  lands  or  materials ;  costs  shall  be  allowed 
or  awarded  against  either  party,  at  the  discretion  of  the 
justice. 

SEC.  19.  That  if  it  shall  be  found  necessary  and  ad-  using  co 
vantageous  to  the  location  and  construction  of  said  rail- 
road, the  corporation  shall  have  the  right  to  lay  the  same 
along  and  upon  any  state  or  county  road:  Provided, 
however,  That  before  such  location  shall  be  made,  the 
corporation  shall  make  application  to  the  county  com- 
missioners of  the  proper  county,  for  such  right,  and  the 
said  commissioners  are  hereby  vested  with  the  power  to 
grant  the  same  by  an  order  entered  on  the  record :  Pro- 
vided, also,  That  such  right  shall  be  granted  on  condition 
that  the  corporation  shall  leave  a  sufficiency  of  said  state 
or  county  road  in  as  good  repair  for  county  use  as  it  was 
previous  to  such  occupation. 

SEC.  20.  That  when  said  corporation  shall  have  pro-  Titles. 
cured  the  right  of  way  as  hereinbefore  provided,  they 
shall  be  seised  in  fee  simple  of  the  right  to  said  land,  and 
shall  have  the  sole  use  and  occupancy  of  the  same,  and 
no  person,  body  politic  or  corporate,  shall  in  any  way  in- 
terfere therewith,  molest,  disturb  or  injure  any  of  the 
rights  and  privileges  hereby  granted,  or  that  would  be 
calculated  to  detract  from  or  affect  the  profits  of  said 
corporation. 


30 

Times  of  SEC.  21.  The  said  corporation  shall  commence  the  con- 
struction of  said  road  any  time  within  five  years.  The 
said  route  through  the  state  of  Indiana  shall  be  divided 
into  four  divisions.  The  first  division  to  commence  at 
the  east  line  of  the  state,  thence  west  to  range  line,  di- 
viding five  and  six  east,  shall  be  taken  and  considered  the 
first  division  ;  that  part  from  range  line,  dividing  ranges 
five  and  six  east,  to  the  Michigan  road,  to  be  taken  and 
considered  the  second  division ;  and  that  part  from  the 
Michigan  road  to  the  range  line,  dividing  ranges  four  and 
five  west  of  the  principal  meridian,  shall  be  taken  and 
considered  as  the  third  division ;  and  from  said  last  men- 
tioned range  line  to  the  west  line  of  the  state,  to  be  taken 
and  considered  as  the  fourth  division  of  said  rail-road ; 
and  the  corporation  may  from  time  to  time  construct  so 
much  of  said  road,  or  any  division  thereof  as  may  be 
within  the  ability  and  to  the  interest  of  the  company, 
and  shall  complete  it  within  twelve  years  from  its  com- 
mencement :  Provided,  That  if  the  said  road  shall  not 
be  completed  within  the  time  aforesaid  the  general  as- 
sembly may  for  good  cause  shown  give  further  time  to 
complete  the  same :  Provided,  also,  That  if  any  of 
said  road  shall  be  completed  within  the  time  aforesaid, 
that  then  and  in  that  case  all  the  rights,  privileges  and 
benefits  granted  to  said  company  in  that  act,  shall  be  ex- 
tended to  and  invested  in  said  corporation  to  such  part 
of  the  said  road  as  shall  then  be  completed. 

Highways.  SEC.  22.  It  shall  be  the  duty  of  the  corporation,  when- 
ever any  state  or  county  road  now  established  shall  cross 
or  may  hereafter  cross  the  rail-road,  to  make  and  keep 
in  repair  good  and  sufficient  causeways,  so  that  the  free 
use  of  the  state  or  county  road  shall  not  be  obstructed ; 
and  in  all  cases  where  any  person  shall  own  land  on  both 

Private  ways  sides  of  said  road,  and  there  shall  not  be  any  causeway 
for  a  public  road  leading  from  one  tract  to  the  other,  the 
owners  of  said  land  shall  have  the  right,  free  of  charge, 
to  cross  the  same,  and  to  make  such  causeways  as  may 
be  necessary  for  the  convenience  of  said  owner :  Pro- 


31 

vided,  That  said  owner  of  land  shall  not  injure  or  ob- 
struct said  rail-road. 

SEC.  23.  That  it  shall  be  lawful  for  said  corporation  to  cars,<kc. 
place  or  prescribe  the  kind  of  carriages  that  may  be  used 
on  said  rail-road,  whether  propelled  by  steam  or  other 
power,  for  the  transportation  of  passengers,  for  all  kinds 
of  produce,  lumber,  goods,  wares  and  merchandise,  or  any 
other  kind  of  property,  and  for  this  purpose  the  corpora- 
tion may  construct  said  rail-road  of  wood,  stone  or  iron,  or 
of  all,  with  such  locks,  turns,  gates,  bridges  and  aqueducts, 
culverts,  toll  and  warehouses,  as  may  be  considered  ne- 
cessary for  the  interest  of  the  company  and  convenience 
of  the  public ;  and  the  corporation  may  charge  tolls  and 
freights  on  such  part  of  the  road  as  may  be  in  a  sufficient 
state  of  forwardness,  although  the  whole  be  not  finished ; 
and  they  may  charge  for  travel  and  transportation  on  the 
same,  when  it  is  graded  and  bridged,  although  the  rails 
may  not  be  laid  so  as  to  admit  carriages  thereon. 

SEC.  24.  The  corporation  may  charge  and  receive  such  Toils, 
tolls  and  freights  for  the  transportation  of  persons,  com- 
modities and  carriages,  on  said  road  or  any  part  thereof, 
as  shall  be  for  the  interest  of  said  company,  and  the  same 
to  change,  lower  or  raise  at  pleasure  :  Provided,  That  the 
rates  established  from  time  to  time  shall  be  posted  in 
some  conspicuous  place  or  places  on  said  road. 

SEC.  25.  That  when  the  aggregate  amount  of  dividends  same, 
declared  shall  amount  to  the  full  sum  invested  and  ten 
per  cent,  per  annum  thereon,  the  legislature  may  so  regu- 
late the  tolls  and  freights,  that  no  more  than  fifteen  per 
cent,  per  annum  shall  be  divided  on  the  capital  employed, 
and  the  surplus  profits,  if  any,  after  paying  the  expenses 
and  reserving  such  proportion  as  may  be  necessary  for 
future  contingencies,  shall  be  paid  over  to  the  treasurer 
of  state  for  the  use  of  common  schools,  but  the  corpora- 
tion shall  not  be  compelled  by  law  to  reduce  the  tolls 
and  freights,  so  that  a  dividend  of  less  than  twenty  per 
cent,  cannot  be  made ;  and  it  shall  be  the  duty  of  the 
corporation  to  furnish  the  legislature,  if  required,  with  a 


32 

correct  statement  of  the  amount  of  the  expenditures  and 
the  amount  of  profits,  after  deducting  all  expenses ;  which 
statement  shall  be  made  under  the  oath  of  the  officers, 
whose  duty  it  shall  be  to  make  the  same. 

Dividends.  SEC.  26.  Semi-annual  dividends  of  so  much  of  the 
profits  as  the  said  corporation  may  deem  expedient  shall 
be  made  on  the  first  Monday  of  December  and  June, 
annually,  unless  the  directors  fix  on  a  different  day,  and 
pay  the  stockholders  as  soon  thereafter  as  they  can  with 
convenience ;  and  no  dividends  shall  be  made  to  a  greater 
amount  than  the  net  profits,  after  deducting  all  expenses ; 
and  the  directors  may  reserve  such  proportion  of  the 
profits  as  a  contingent  fund  to  meet  subsequent  expenses 
as  they  shall  deem  proper. 

Malicious  SEC.  27.  That  if  any  person  or  persons  shall  knowingly 
or  wilfully  injure  or  obstruct  said  road  or  any  part  there- 
of, or  shall  break,  destroy  or  deface  any  work,  edifice, 
toll  or  warehouse  belonging  thereto,  such  person  or  per- 
sons so  offending  shall  pay  to  the  corporation  five  times 
the  amount  of  damages  actually  done,  with  costs  of  suit  to 
be  recovered  by  the  corporation,  before  any  court  having 
competent  jurisdiction  :  Provided,  That  all  actions  com- 
menced [by  the  corporation,  for  the  recovery  of  damages 
shall  be  commenced]  within  six  months  from  the  time 
such  cause  of  action  accrued  and  not  after. 

state  sub-      SEC.  28.*  The  state  reserves  the  right  to  subscribe  for 

scribe. 

eight  hundred  shares  of  the  stock  at  any  time  within  four 
years  from  the  first  commencement  of  said  road. 

counties  SEC.  29.  It  shall  be  lawful  for  the  county  commissioners 
of  each  and  every  county  through  which  said  road  may 
pass,  for  and  on  behalf  of  said  county,  to  authorize,  by  an 
order,  as  much  of  the  stock  to  be  taken  as  they  may  think 
proper. 

statements     SEC.  30.  It  shall  be  the  duty  of  the  corporation  to  cause 

m.         "a  full  statement  of  the  affaire  of  the  company  to  be  made 

and  exhibited  to  the  stockholders  at  each  annual  election, 


*  Repealed  Feb.  7,  1838. 


or  at  any  other  general  meeting  of  the  stockholders,  at 
least  once  in  each  year. 

SEC.  31.  Any  number  of  the  stockholders  owning  one-  Meetings 
third  of  the  stock,  may  call  a  general  meeting  of  the 
stockholders,  by  giving  four  weeks'  notice  in  one  or  more 
newspapers,  and  specifying  in  said  notice  the  object  of 
the  call ;  and  a  majority  of  the  stockholders  being  repre- 
sented, they  may  make  such  order  relative  to  the  con- 
cerns of  the  company  as  a  majority  may  determine  on. 

SEC.  32.  The  said  corporation,  by  their  authorized  May  borrow 
agent,  shall  have  power  and  authority  to  negotiate  formoney< 
and  borrow  money  on  the  credit  of  said  corporation,  to 
the  amount  of  two  hundred  thousand  dollars,  from  any 
person  or  persons,  states,  United  States  or  corporation, 
at  a  rate  of  interest  not  to  exceed  six  per  cent,  per  annum, 
for  such  a  length  of  time  as  they  may  think  proper,  and 
can  be  agreed  on  by  the  parties  for  the  payment  of  said 
money  so  borrowed  for  the  use  of  said  corporation.  The 
work  and  other  property  of  said  corporation,  together 
with  the  profits  on  said  road,  the  individual  stock  in  said 
corporation,  and  the  individual  stockholders  thereof,  shall 
each  be  liable  for  said  loan,  or  so  much  thereof  as  con- 
tracted for  during  the  time  in  which  they  are  respectively 
such  stockholders,  to  an  amount  equal  to  their  stock  re- 
spectively, and  in  that  proportion  may  be  recovered,  by 
a  suit  in  equity  or  otherwise. 

SEC.  33;  The  corporation  may,  by  contract,  admit  the 
intersection  of  said  road  with  any  other  rail-road,  turn- 
pike or  collateral  road. 

SEC.  34.   The  state  of  Indiana,  in  time  of  warj  shall   Transport- 
have  the  right  to  transport  troops,  munitions  of  war  and  m* 
provisions,  free  of  toll,  on  said  road. 

SEC.  35.  That  should  the  Congress  of  the  United  States   same, 
make  a  donation  of  lands  to  aid  in  the  construction  of 
said  rail-road,  or  a  donation  of  money,  which  may  be 
accepted  by  the  corporation,  then  and  in  that  case  the 
United  States,  in  time  of  war,  shall  have  the  right  td 

3 


34 

transport  troops,  munitions  of  war  and  provisions,  free  of 
toll  on  said  road. 
May  increase     SEC.  36.    Should  the  capital  herein  granted  not  be 

capital 

sufficient  to  accomplish  the  intended  work,  the  corpora- 
tion may  increase  the  same ;  and  the  stockholders  may, 
at  any  general  meeting,  reduce  the  number  of  directors 
to  any  number  not  less  than  five, 
pian  of  road     SEC.  37.  That  when  the  road  is  located,  it  shall  be  the 

with  Secreta-  ,     ,          n  .1  , .  t  />  ^i  i 

ry  of  state,  duty  ot  the  corporation  to  cause  a  plan  01  the  same  to  be 
deposited  in  the  office  of  the  secretary  of  state,  and  from 
and  after  that  time  it  shall  not  be  lawful  for  said  corpora- 
tion to  alter  or  change  any  part  of  said  location,  unless 
said  corporation  pay  the  owner  or  owners  of  said  land  on 
said  changed  route  the  amount  of  damage  they  may 
sustain  by  such  relocation. 
Duration  of  SEC.  38.  This  charter  is  limited  to  seventy-five  years  in 

charter.  *  * 

its  duration. 

state  may  SEC.  39.  The  corporation  shall  cause  to  be  kept  a  fair 
purchase.  account  Of  the  whole  expenses  of  making  and  repairing 
said  rail-road,  and  every  section  thereof,  with  all  inciden- 
tal expenses ;  and  also  a  fair  and  accurate  account  of 
tolls  received  ;  and  the  state  shall  have  the  right  to  pur- 
chase the  stock  of  said  company  at  any  time  after  thirty- 
five  years,  by  paying  said  corporation  a  sum  of  money, 
which,  together  with  the  tolls  received,  shall  equal  the 
costs  and  expenses  of  said  rail-road  as  aforesaid,  with  an 
interest  of  eighteen  per  cent,  per  annum  ;  and  the  books 
of  said  corporation  shall  be  always  open  for  inspection  of 
any  agent  of  state,  appointed  for  that  purpose  by  the 
legislature ;  and  if  said  corporation  shall  neglect  or  refuse 
to  exhibit  at  any  time  their  books  and  accounts,  agreea- 
.  bly  to  this  section,  when  thereunto  required,  then  all  the 
rights  and  privileges  granted  by  this  act  shall  cease  and 
be  ended. 

SEC.  40.  The  rail-road  company  created  by  this  act 
shall  have  the  right  to  commence  the  construction  of  said 
road,  at  such  places  on  the  said  contemplated  route  as 


35 

the  corporation  may  think  best  for  the  interest  of  the 
company  and  public  good. 

SEC.  41.  This  act  to  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  6, 1835. 


AN  ACT 

TO  AMEND  AN   ACT  ENTITLED   "  AN   ACT   TO   INCORPORATE   THE  Passed 

„  Feb.  6, 133T. 

BUFFALO  AND  MISSISSIPPI  RAIL-ROAD   COMPANY,     APPROVED 

FEBRUARY  6,  1835. 

SEC.  1.  Be  it  enacted  ~by  the  General  Assembly  of  the  change^ame 
State  of  Indiana,  That  the  Buffalo  and  Mississippi  Rail- 
Road  Company  be  hereafter  known  and  designated,  by 
the  name  and  style  of  "  The  Northern  Indiana  Rail -Road 
Company,"  under  which  name  and  style  the  said  cor- 
poration shall  hereafter  transact  all  business  under  and 
by  virtue  of  the  act  incorporating  the  same. 

SEC.  2.  The  subscribers  to  the  capital  stock  of  said  com-     N on-resi- 
pany,  residing  in  other  states,  shall  be  entitled  to  the  like  scnbere. 
privileges  and  immunities  of  the  citizen  stockholders  of 
the  state  of  Indiana.    This  act  to  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved  February  6,  1837. 


AN  ACT 

TO  AMEND  AN  ACT   ENTITLED    "  AN   ACT   TO   INCORPORATE  THE          Passed 

„  Feb.  7,  1838. 

BUFFALO  AND  MISSISSIPPI  RAIL-ROAD  COMPANY,      APPROVED 

FEBRUARY  6,  1835. 

SEC.  1.  Be  it  enacted  T>y  the  General  Assembly  of  the       section 
State  of  Indiana,  That  the  twenty-eighth  section  of  the 
act  to  which  this  is  an  amendment  be,  and  the  same  is 
hereby  repealed. 


36 

jurors.  SEC.  2.  That  the  number  of  jurors  required  by  the 
seventeenth  section  of  said  act,  to  assess  damages  for  the 
right  of  way,  or  for  materials  for  the  construction  of  said 
road,  be,  and  the  same  are  reduced  to  the  number  of 
three  ;  and  that  so  much  of  said  seventeenth  section  as 
comes  within  the  purview  of  this  section  be,  and  the  same 
is  hereby  repealed. 

Gifts,  &c.,  SEC.  3.  That  any  donation,  gift,  grant  or  bequest,  made 
'  in  land,  property  of  any  description,  or  materials  to  said 
company,  in  consideration  of  the  location  of  said  road,  or 
otherwise,  or  for  the  benefit  of  the  corporation,  shall  au- 
thorize the  company  to  sell  or  otherwise  dispose  of  the 
same  in  such  manner  as  in  their  opinion  may  be  best 
calculated  to  aid  them  in  the  prosecution  of  the  work. 

Purchase  SEC.  4.  The  said  company  are  hereby  authorized  to 
purchase  such  lands  along  or  near  the  line  of  said  road, 
as  they  may  deem  useful  to  aid  them  in  the  construction 
thereof,  not  exceeding  eighty  acres  in  any  one  tract,  and 
the  same  to  sell  and  convey,  or  otherwise  dispose  of  at 
pleasure. 

Loans.  gEC.  5.  The-power  of  said  company  to  contract  for  a 
loan  or  loans,  is  hereby  extended  to  any  sum  not  ex- 
ceeding one  million  of  dollars,  and  for  the  payment  of 
such  interest  on  the  same  as  the  parties  contracting  may 
agree  upon,  not  exceeding  eight  per  cent,  per  annum,  for 
one  hundred  dollars.  So  much  of  the  thirty-second  sec- 
tion of  the  act  to  which  this  is  an  amendment  as  comes 
within  the  purview  of  this  section,  be,  and  the  same  is 
hereby  repealed. 

SEC.  6.  This  act,  and  the  act  to  which  this  is  an  amend- 
ment, is  hereby  declared  to  be  a  public  act,  and  as  such 
shall  be  liberally  construed  in  any  and  all  courts  of  justice 
for  all  beneficial  purposes. 

SEC.  7.  This  act  to  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  7,  1838. 


3T 


AN  ACT 

TO  AMEND  AN   ACT   ENTITLED    "  AN  ACT  TO  AMEND   AN  ACT  TO   Passed  Jan. 

21, 1S89. 
INCORPORATE    THE     BUFFALO    AND    MISSISSIPPI    KAIL-ROAD 

COMPANY,"  APPROVED  FEBRUARY  7,  1838. 

SEC.  1.  Be  it  enacted  hy  the  General  Assembly  of  the  May  secure 

rr  /»•»-•?•>"     rm  i  f  money    bor- 

State  of  Indiana,  That  to  secure  the  payment  01  any  sum  rowed  by 
of  money  borrowed  by  the  Buffalo  and  Mississippi  Kail-  mortgage  of 
Road  Company,  under  the  5th  section  of  the  act  to  which  stock, 
this  is  an  amendment,  the  directors  of  said  company  have 
full  power  and  authority  hereby  granted,  to  pledge  or 
hypothecate  by  way  of  bond,  with  or  without  seal,  mort- 
gage, trust  or  otherwise,  the  rail-road  by  them  constructed 
under  their  charter,  with  all  its  privileges,  appendages, 
appurtenances,  and  all  property,  franchises  and  chartered 
rights  of  said  company,  and  also  any  stock  remaining  un- 
subscribed or  forfeited  to  said  company  by  non-payment 
of  instalments ;  and  such  pledge,  hypothecation,  bond, 
mortgage  or  trust  shall  be  valid  for  the  securing  of  the 
payment  of  any  sum  or  sums  so  borrowed,  with  the 
interest  thereon  accruing,  which  the  same  may  be  given 
to  secure.  And  in  case  default  shall  be  made  in  the 
money  so  borrowed  and  secured,  the  person  or  persons, 
body  politic  or  corporate,  their  legal  representatives,  suc- 
cessors or  assigns,  claiming  under  such  pledge,  hypothe- 
cation, bond,  mortgage  or  trust  of  stock,  may,  by  due  pro- 
cess of  law,  acquire,  have,  hold,  use,  occupy  and  enjoy 
the  said  road,  with  its  appurtenances,  implements  and 
property  of  said  company,  and  to  take  and  use  the  tolls, 
rents,  issues,  profits  and  advantages  thereof,  during  the 
whole  residue  of  the  term  for  which  said  company  is 
chartered  or  incorporated,  in  as  full  and  complete  a  man- 
ner as  the  stockholders  of  said  company  could  or  might 
have  had,  used  or  enjoyed  the  same,  subject,  nevertheless, 


38 

to  all  the  restrictions,  limitations  and  conditions  claimed 
Road  or  in  the  act  incorporating  said  company  ;  and  any  stock  so 

stock    mort-    -     ,        ,  .  /.  .,  f 

gaged  may  pledged  or  hypothecated,  may,  on  iailure  01  payment 
aforesaid,  be  sold  at  public  auction  to  the  highest  bidder, 
by  the  person  or  persons,  body  politic  or  corporate,  to 
whom  it  may  be  pledged,  or  by  their  legal  representatives, 
successors  or  assigns,  giving  twenty  days'  previous  notice 
in  two  newspapers  on  or  near  the  line  of  said  rail-road, 
setting  forth  the  time  and  place  of  such  sale ;  and  any 
Mortgage  deed  by  which  any  pledge  or  hypothecation,  bond,  mort- 
gage or  trust,  shall  be  given  by  virtue  of  this  act,  shall 
be  entered  of  record  in  the  office  of  the  recorders  of 
counties  through  which  said  road  may  run,  the  same 
being  first  acknowledged  according  to  law. 
county  SEC.  2.  The  boards  doing  county  business  in  the 

ceiave8 mort"  several  counties  through  which  the  Buffalo  and  Missis- 

fssueScouanty  sippi  Rail-Road  passes,  are  hereby  authorized  and  em- 
bonds.  .        ./ 

powered  to  act  as  trustees  for  said  company,  to  receive 

mortgages  on  real  estate  or  other  securities  in  trust  for 
said  company,  and  issue  county  bonds  thereon  to  such 
amount,  (not  exceeding  two-thirds  of  the  value  of  the 
real  estate  so  mortgaged,  or  other  securities,)  and  made 
payable  at  such  time  and  place,  and  at  such  rate  of  in- 
terest, (not  exceeding  eight  per  cent,  per  annum,)  as  may 
be  agreed  upon  between  said  board  or  boards  doing 
county  business,  and  the  directors  of  said  company. 
stock  for-  SEC.  3.  And  be  it  further  enacted,  That  the  directors 

feitedfornon     ,.  ,•,  ,    ,.     .  ,.  ,      ,  , 

payment,  oi  the  company  may,  at  their  option,  declare  any  stock, 
with  the  amounts  paid  thereon,  forfeited  to  the  company, 
on  which  the  stockholder  is  delinquent  for  three  or  more 
instalments,  any  thing  in  the  eleventh  section  of  the 
original  charter  of  said  company  to  the  contrary  notwith- 
standing. This  act  to  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  January  21,  1839. 


39 


AN  ACT 

TO   AMEND   AN   ACT  ENTITLED   AN   ACT  TO   INCOKPORATE    THE  Passed 

Jan.  28,1843. 
BUFFALO   AND   MISSISSIPPI   KAIL-KOAD   COMPANY. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana,  That  all  elections  heretofore  holden  by 
said  company,  for  officers  thereof,  be,  and  the  same  are 
hereby  legalized. 

SEC.  2.  The  books  and  recorded  proceedings  of  said      Records 

*  °  evidence   in 

company,  and  the  officers  thereof,  may  be  used  and  read  court. 
in  evidence  before  any  justice  of  the  peace,  or  in  any 
court  of  record,  in  any  and  all  cases  wherein  said  com- 
pany shall  be  a  party,  and  shall  be  pritna facie  evidence 
of  the  matters  therein  contained. 

SEC.  3.  This  act  to  take  effect  from  and  after  its 
passage. 

Approved  January  28,  1843. 


AN  ACT 

TO  PROVIDE  FOR  THE  CONSTRUCTION  OF  A  RAILWAY  IN  LAPORTE 

COUNTY. 


SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the    Provisions 

rrui  •  /.  of  act  to  pro- 

Ota^  of  Indiana.   That  all  the  provisions  of  an  act,  en-  vide  for  Con- 

1-11  i  i      section     of 

titled  "An  act  to  provide  for  the  continuance  of  the p«wic works 

•*•  p    extended   to 

construction  of  all  or  any  part  of  the  public  works  of  this  ^his 
state,  by  private  companies,  and  for  abolishing  the  board 
of  internal  improvements,  and  the  offices  of  fund  com- 
missioner and  chief  engineer,"  approved  January  28th, 
1842,  which  may  be  applicable  thereto,  and  which  may 
be  necessary  for  the  purposes  of  the  incorporation  of  a 


40 

company,  and  the  construction  of  the  rail-road  herein- 
after mentioned,  be,  and  the  same  are  hereby  extended  to 
any  association  or  company  that  may,  after  the  passage 

Route  and  of  this  act,  be  formed  in  the  county  of  Laporte,  to  con- 
termini     of 

road         struct  a  railway  from  Michigan  City  to  the  town  of  La- 
porte, or  as  much  further  eastward  as  said  association  or 
company  may  see  proper  to  extend  said  railway, 
stock,  how     SEC.  2.   That  the  subscription  to  the  stock  in  said  com- 
pany shall  be  made,  and  the  directors  of  the  same  elected, 
Directors,  in  the  same  manner  as  is  provided  for  and  directed  in 

how  elected.      .  ,  . r       . 

said  act,  except  that  all  publications  in  newspapers  neces- 
Notices,  sary  to  be  made  under  said  act,  shall  be  made  in  one 

how  given. 

or  more  newspapers  in  Laporte  county,  and  not  other- 
wise. 
Election     SEC.  3.   As  soon  as  the  sum  of  two  thousand  dollars  in 

of  Directors,       -  ..  1111  •   -t     i> 

when    and  value,  either  of  money,  labor,  land  or  materials  lor  con- 
how  held.  J  ' 

struction,  shall  be  subscribed  as  the  capital  stock  of  said 
association,  and  the  same  shall  be  paid  or  transferred,  or 
secured  to  be  paid  to  the  commissioners  to  receive  the 
subscriptions,  the  said  commissioners  shall  order  an  elec- 
tion of  directors  of  said  company,  to  be  held  in  the  same 
manner  as  is  provided  for  and  directed  by  the  act 
aforesaid, 
snbscrip-  SEC.  4.  Subscriptions  to  the  capital  stock  of  said  com- 

tions  to  stock  r  r 

?e?vedbe  r*~Pany  maybe  made  either  in  money,  labor,  real  estate  or 
what. '       materials  proper  for  the  construction  of  the  road  ;  and  all 
subscriptions  in  labor  shall  be  made  at  a  value  in  money, 
and  shall  be  secured  to  be  paid  either  in  labor  or  its 
value  in  money,  to  the  satisfaction  of  the  commissioners 
NO  sub-  or  directors  receiving  the  same :    Provided,  That  no 
counties,      county  shall  subscribe  for  any  part  of  said  capital  stock. 
Powers  of     SEC.  5.  The  said  board  of  directors,  when  organized, 
^^  ^e  ggjfl  company  thereafter,  shall  have  all  the  power 
and  authority  for  the  construction  of  said  railway,  and 
the  using  and  owning  the  same,  and  the  charging  tolls 
thereon,  and  the  government  thereof,  which  is  by  the 
said  act  conferred  upon  and  granted  to  associations  or 
companies  organized  under  the  act  aforesaid,  and  shall 


41 

therein  be  governed  by  all  the  provisions  of  said  act  ap- 
plicable to  the  purpose  contemplated :  Provided*  That  Proviso  re- 

,  .  ,  ,  .         pealed,    see 

this  charter  may  be  amended  or  repealed  at  any  time  see.  i,  foi- 

„   ,       ,       .  ,  •  lowing  act 

by  a  majority  of  the  legislature. 

SEC.  6.  That  before  the  association  or  company  author-    Repealed, 

r       »  seesec.l.fol- 

ized  by  this  act  shall  proceed  to  construct  said  road,  the  lowins  acu 
present  value  of  the  work,  labor,  grading  and  improve- 
ment done  by  the  Buffalo  and  Mississippi  Kail-Road 
Company,  in  the  location  and  construction  of  a  railway 
between  Laporte  and  Michigan  City,  shall  be  estimated 
by  some  competent  engineer,  at  the  joint  expense  of  both 
of  said  companies ;  and  the  company  hereby  authorized 
shall  be  required  to  pay  to  said  Buffalo  and  Mississippi 
Eail-Road  Company  the  appraised  value  thereof,  in  the 
scrip  heretofore  issued,  and  now  out  and  unpaid  by  said 
Buffalo  and  Mississippi  Rail-Road  Company ;  and  if  the 
said  last  named  company  shall  refuse  to  receive  the 
same,  then  the  said  association  hereby  created  may  pro- 
ceed to  the  construction  of  the  said  railway,  without  any 
payment  or  reference  to  said  Buffalo  and  Mississippi 
Rail-Road  Company  whatever,  not  interfering  with  any 
existing  rights  of  said  last  named  company. 

SEC.   7.  This  act  to  be  in  force  from  and  after  its 
passage. 

Approved  February  11, 1843. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED    "  AN   ACT  TO  INCOEPOEATE    THE          Passed 

Jan.  13, 1845. 
BUFFALO  AND  MISSISSIPPI  KAIL-EOAD  COMPANY,     APPEOVED 

FEBEUAKY  6,  1835,  AND  ALL  ACTS  AMENDATOKY  THEEETO. 

SEC.  1.   Be  it  enacted  by  the  General  Assembly  of  the   Times  for 
State  of  Indiana,  That  the  time  for  commencing  and  extended, 
completing  one-half  of  said  road  be  extended  the  further 


42 

time  of  five  years,  and  for  completing  the  other  half  of 
'  said  road,  the  further  time  of  ten  years, 
company     SEC.  2.  The  president  and  directors  of  said  company 

wuh    ofhl?  are  authorized  and  empowered  to  agree  with  any  coin- 
companies  .  .     ,    ,  Ml 

for  connec-pany  or  companies  incorporated  to  construct  a  rail-road 
from  Buffalo  to  the  Mississippi  river,  or  for  any  inter- 
vening section  on  said  route  for  connecting  routes  of 
travel  and  general  management  in  business  through  the 
whole  extent  of  the  roads  of  the  contracting  companies, 
(or  any  part  thereof  completed,  so  as  to  insure  regular 
intercourse  through  the  entire  line  of  the  road,  or  any 
part  completed,)  on  such  terms  and  conditions,  with 
division  of  profits  and  receipts,  as  said  companies  may 
stipulate. 

SEC.  3.  This  act  to  be  a  public  act,  and  to  be  in  force 
from  and  after  its  passage. 
.  Approved  January  13,  1845. 


AN  ACT 


Passed  TO   AMEND  AN   ACT,  ENTITLED  "AN  ACT  TO  INCOEPOEATE   THE 
Jan.  6,  184«.  „ 

BUFFALO  AND  MISSISSIPPI  EAIL-EOAD  COMPANY,"  APPEOVED 


FEBEUAEY  6,  1835. 


WHEEEAS,  by  the  13th  section  of  said  act,  it  is  required 
that  the  route  of  said  road  shall  extend  westwardly,  in 
a  direction  towards  the  rapids  of  the  Illinois  river,  in 
the  state  of  Illinois  :  AND  WHEEEAS,  it  is  represented 
to  this  general  assembly  that  it  is  important  for  the 
interest  of  said  company  and  to  the  public,  that  said 
road  should  diverge  from  that  route,  in  a  direction 
towards  Chicago,  in  said  state  of  Illinois  :  Therefore, 

change  of     SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana,  That  said  company  be,  and  they  are 


route. 


43 

hereby  authorized  to  extend  the  route  of  said  road  west- 
wardly  from  the  town  of  Laporte,  in  Laporte  county,  by 
the  way  of  Michigan  City,  in  said  county,  to  the  western 
line  of  said  state,  on  the  best  ground  and  in  the  most 
suitable  direction  towards  Chicago,  in  the  state  of 
Illinois. 

SEC.  2.  Said  company  is  hereby  authorized  to  enter     contracts 

.  ,  .  with  compa- 

into  any  mutual  contract  with  any  company  or  compa-ny  m  other 
nies  now  incorporated,  or  hereafter  to  be  incorporated, 
within  the  states  of  Ohio  and  Illinois,  or  either  of  them, 
by  which  the  portions  of  said  road  within  the  states  of 
Ohio,  Indiana  and  Illinois,  forming  together  a  continuous 
line  from  the  Maumee  Bay,  in  Ohio,  to  Chicago,  in  Illi- 
nois, or  the  portion  in  Indiana  and  either  of  the  other 
states,  shall  form  one  road,  to  be  known  by  one  common 
name,  and  by  which  the  capital  stock  of  each  arid  all,  or 
any  two  of  said  companies,  shall  become  merged  and  con- 
solidated into  one  joint  and  common  stock,  equal  in 
amount  to  the  capital  of  each  and  all  of  said  several 
companies,  or  such  two  of  them  who  shall  enter  into 
such  contract,  and  so  that  the  stockholders  in  said  con- 
solidated company  shall  have  one  common  seal,  president  consoMa- 
and  board  of  directors;  which  common  board  of  di- 
rectors shall  consist  of  not  more  than  twelve  or  less 
than  five;  and  said  company,  when  so  consolidated, 
shall  possess  and  enjoy  all  powers,  rights,  privileges,  im- 
munities and  franchises,  granted  to,  or  vested  in  said 
Buffalo  and  Mississippi  Rail-Road  Company,  by  said 
original  act  of  incorporation,  and  all  amendments 
thereto. 

SEC.  3.  Should  such  consolidation  take  place,  and  a  New  name. 
new  name  be  adopted  by  said  consolidated  company, 
such  new  name  shall  become,  to  all  intents  and  purposes, 
the  corporate  name  of  said  company,  when  and  after  a 
notice  thereof  shall  have  been  filed  in  the  office  of  the 
Secretary  of  State  of  the  state  of  Indiana. 

SEC.  4.  In  case  any  portion  of  the  capital  stock  of  said 
company,  or  of  said  consolidated  company,  should  such 


consolidation  take  place,  may  be,  at  any  time,  owned  by 
any  person  or  persons  who  may  at  such  time  be  non- 
residents of  this  state,  but  residents  and  citizens  of  some 
other  state  of  the  United  States  of  America,  then  and  in 
Directory  such  case  a  number  of  the  directors  of  said  company,  or 

in  each  state.     ,       , ,  TIT  •  11 

of  said  consolidated  company,  bearing  nearly  the  same 
proportion  to  the  whole  number  of  directors  that  the 
stock  owned  by  such  citizens  and  residents  of  such  other 
state  or  states  bears  to  the  whole  stock  of  said  company, 
be  residents  and  citizens  of  such  other  states,  any  thing 
in  the  sixth  section  of  said  original  act  of  incorporation 
to  the  contrary  notwithstanding  :  Provided,  That  the 
number  of  non-resident  directors  shall  never,  at  any  one 
time,  exceed  one-half  of  the  whole  number  of  directors. 
Branch  to  gEC.  5.  gaid  Buffalo  and  Mississippi  Eail-Koad  Com- 
&e-  pany,  or  said  consolidated  company,  should  such  consoli- 

dation take  place,  are  hereby  authorized  to  construct  a 
branch  of  said  road  from  said  town  of  Laporte,  Goshen, 
South  Bend  or  Michigan  City,  southwardly,  to  the  town 
of  Lafayette,  in  the  county  of  Tippecanoe,  and  thence  to 
the  west  line  of  said  state  of  Indiana,  in  a  direction  to- 
wards St.  Louis,  in  the  state  of  Missouri,  on  the  best 
ground  for  the  interests  of  said  company ;  and  for  that 
purpose  they  are  authorized  to  increase  the  capital  stock 
of  said  company,  by  any  sum  not  exceeding  two  millions 
of  dollars ;  and  in  the  location,  construction  and  manage- 
ment of  said  branch  of  road,  and  everything  connected 
therewith,  said  company  shall  be  governed  by  the  same 
regulations,  so  far  as  the  same  are  applicable,  prescribed 
in,  and  shall  be  fully  vested  with  and  enjoy  all  the 
powers,  rights,  franchises,  privileges  and  immunities 
granted  by  said  original  act  of  incorporation,  and  the 
amendments  thereto,  in  the  same  manner  as  if  said 
branch  road  constituted  an  integral  part  of  the  original 
and  main  line  of  said  road. 
DO.  to  be  SEC.  6.  Said  company  shall  commence  the  construction 

commenced.  _  .       . 

of  said  branch  road  within  four  years  from  this  time,  and 
shall  complete  the   same,  with  a  single  track,  to  said 


45 

town  of  Lafayette,  within  four  years  thereafter,  otherwise 
all  the  rights  and  privileges  relative  thereto,  hereby 
granted  to  said  company,  shall  be  forfeited  ;  but  should 
any  part  of  said  branch  road  be  completed  within  such 
time,  the  part  so  completed,  and  the  rights  and  privileges 
hereby  granted,  shall  survive  to  said  company  as  to  the 
part  so  completed. 

SEC.  7.  In  case  said  company  shall  commence  the  main  NO  other 
line  of  said  road  within  two  years  from  this  time,  and  case, 
complete  the  same,  with  a  single  track,  through  the  state 
of  Indiana,  within  five  years  from  this  time,  then  and  in 
such  case  no  charter  shall  be  granted  to  any  other  com- 
pany to  construct  any  other  road  or  roads  in  the  vicinity 
thereof,  which  would  materially  diminish  or  interfere  inju- 
riously with  the  profits  of  said  road,  within  ten  years  there- 
after, without  the  consent  of  said  company ;  and  in  case 
said  company  shall  complete  said  branch  road,  within 
eight  years  from  this  time,  in  like  manner,  to  said  town  of 
Lafayette,  then  and  in  such  case  no  other  charter  shall 
be  granted  to  any  other  company  to  construct  any  other 
road  or  roads  in  the  vicinity  of  said  branch,  which  would 
materially  interfere  with  or  diminish  the  profits  of  said 
branch,  within  ten  years  thereafter,  without  such  con- 
sent. 

SEC.  8.  In  case  said  company  shall  become  consolida-    Liability 
ted  with  any  other  company  or  companies,  provided  for  or 
in  this  act,  the  act  of  consolidation  shall  of  itself  render 
such   company  or   companies,  so   consolidated,  or  any 
company  formed  under  the  provisions  of  this  amendment, 
liable  for  all  debts  of  said  Buffalo  and  Mississippi  Rail- 
Koad  Company,  incurred  before  such  act  of  consolidation. 

SEC.  9.  That  in  the  permanent  location  and  establish-    Loca(ed 
ment  of  the  rail-road  authorized  by  the  original  charter,  throu«b< 
to  which  this  is  an  amendment,  the  same  shall  be  located, 
established  and  constructed  to  and  through  the  county 
towns  of  the  counties  of  Steuben,  Lagrange,  Elkhart,    County 
St.  Joseph,  Laporte,  and  also  to  Michigan  City,  in  the<OWDS* 
the  county  of  Laporte. 


46 

SEC.  10.  The  acceptance  of  any  part  of  the  amendment, 
provided  for  by  this  act,  shall  be  an  acceptance  of  the 
whole. 

SEC.  11.  The  privileges  granted  in  the  fifth  section  of 
this  act  shall  not  be  enjoyed  by  said  company,  or  any 
company  or  companies  formed  or  consolidated  under  the 
provisions  of  this  act,  unless  the  main  line  of  said  road 
shall  be  constructed. 

SEC.  12.  This  amendment,  like  said  original  act  of  incor- 
poration, and  all  former  amendments  thereto,  is  hereby 
made  and  declared  to  be  a  public  act,  and  it  shall  be  in 
force  from  and  after  its  passage. 

Approved  January  6,  1846. 


AN  ACT 

Passed  SUPPLEMENTAL    TO    THE    ACT    APPKOVED    JANUARY    6,    1846, 

Jan.  20, 184  6. 

ENTITLED    "AN   ACT  TO   AMEND   AN   ACT   ENTITLED  AN   ACT 

TO   INCORPORATE  THE  BUFFALO  AND  MISSISSIPPI   RAIL-ROAD 
COMPANY,"    APPROVED  FEBRUARY  6,    1835. 

Amend-  SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
men  o  10  g^^  Of  fndiana,  That  it  shall  be  lawful  for  said  Buffalo 
and  Mississippi  Rail-Road  Company,  in  the  permanent 
location  and  establishment  of  said  rail-road  through  the 
counties  of  Steuben  and  Lagrange,  to  locate,  establish 
and  construct  the  same  without  reference  to  the  county 
towns  or  seats  of  said  counties  of  Steuben  and  Lagrauge, 
if  in  their  opinion  their  own  and  the  public  interests  will 
thereby  be  promoted. 

SEC.  2.  This  act  to  be  in  force  from  and  after  its  pas- 
sage. 

Approved  January  20,  1846. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO  INCORPORATE  THE 
BUFFALO  AND  MISSISSIPPI  KAIL-ROAD  COMPANY,"  APPROVED 
FEBRUARY  6,  1835,  AND  THE  SEVERAL  ACTS  AMENDA- 
TORY THERETO. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the  .  commis- 
State  of  Indiana,  That  Chauncey  B.  Blair,  Andrew  L.  western  DU 
Osborn,  Abraham  P.  Andrew,  Jr.,  William  C.  Hannah 
and  William  J.  Walker,  and  their  successors  in  office,  to 
be  elected  as  hereinafter  provided,  shall  be,  and  they  are 
hereby  constituted  a  board  of  commissioners  to  take 
charge  of  the  western  division  of  the  Buffalo  and  Mis- 
sissippi Rail-Road,  which  said  western  division  shall  com- 
prise all  of  said  road  west  of  Laporte,  in  the  county  of 
Laporte ;  and  as  such  board  they  shall  be  vested  with  all 
the  powers,  rights  and  capacities  touching  the  said  west- 
ern division  as  are  now  possessed  by  the  directors  of  said 
company,  and  shall  in  and  over  said  division,  for  the  pur- 
poses of  constructing,  operating  and  stocking  said  road,  Forpartof 

i  *         11  11  iii       ./road  west  of 

and  tor  ail  purposes  connected  therewith,  be  clothed  with  Laporte. 
all  the  rights,  privileges  and  franchises  secured  to  the  di- 
rectors of  said  company  by  the  charter  thereof,  or  the 
amendments  made,  or  to  be  made  thereto ;  and  they  are 
hereby  authorized  to  construct  all  or  any  part  of  said 
road  lying  west  of  the  village  of  Laporte,  and  also  a  And  branch, 
branch  of  said  road  from  Michigan  City  to  the  southern 
line  of  the  state  of  Michigan,  in  the  direction  of  New 
Buffalo,  to  connect  with  the  road  of  the  Michigan  Cen- 
tral Rail-Road  Company,  with  all  proper  fixtures,  shops, 
depots  and  other  appurtenances. 

SEC.  2.  Said  board  of  commissioners,  under  the  name  May  contract 
and  style  of  the  Board  of  Commissioners  for  the  Western 
Division  of  the  Buffalo  and  Mississippi  Rail-Road,  shall 


48 

have  full  power  and  authority  to  enter  into  contract  or 
contracts,  agreement  or  agreements,  with  any  person  or 
persons,  body  or  bodies  politic  or  corporate  in  this  state 
or  out  of  it,  for  a  loan  or  loans  of  money  for  the  purchase 
of  iron  and  other  materials  for  the  construction  of  said 
branch  road,  and  may  contract  to  lease  the  same  for  such 
time  as  may  be  deemed  expedient,  or  may  in  advance 

May  lease  contract  to  make  a  lease  of  said  branch  road  and  said 
fixtures,  depots,  shops  and  appurtenances,  in  consideration 
of  an  advance  of  money  wherewith  to  build  the  same. 

SEC.  3.  They  shall  in  like  manner  have  full  power  and 
authority  to  enter  into  any  contract  or  contracts,  agree- 
ment or  agreements,  with  any  person  or  persons,  body  or 
bodies  politic  and  corporate,  either  in  the  state  or  out  of 

Loans  for  it,  for  any  loan  or  loans  of  money,  at  a  rate  of  interest 

main  line.  J  J ' 

not  exceeding  eight  per  centum  per  annum,  payable 
semi-annually,  and  the  principal  payable  at  any  time 
after  ten  years,  subject  to  the  provisions  hereinafter  pro- 
vided for  the  construction  of  the  main  line  of  the  said 
western  division  of  said  road,  and  proper  and  suitable 
buildings  and  appurtenances  thereto,  and  stocking  the 
same,  and  for  change  of  the  rail  as  hereinafter  provided ; 
and  if  any  such  loan  or  loans  shall  be  obtained  from  the 
Michigan  Central  Kail-Koad  Company,  or  its  stockhold- 
ers, or  through  its  agency,  it  shall  be  competent  for  the 
said  commissioners  to  agree  that  the  western  division  of 
said  road,  or  any  part  of  it,  shall  be  constructed,  and 
said  money  expended  in  said  construction,  under  the  di- 
rection and  by  the  superintendent  of  the  Michigan  Cen- 
tral Kail-Road  Company,  and  to  place  said  western  divi- 
sion of  said  road,  or  any  part  thereof,  into  the  possession 
of  said  company,  or  the  lenders  of  the  said  money,  to- 
gether with  the  stock,  fixtures  and  appurtenances  thereof, 
Mortgage  under  a  mortgage  or  other  conveyance  by  way  of  secur- 
ity, with  such  or  like  powers  as  are  described  in  section 
one  of  the  amendment  to  the  charter  of  the  Buffalo  and 
Mississippi  Bail-Eoad  Company,  approved  January  2 1 , 
1839,  or  otherwise  as  security  for  the  repayment  of  said 


4:9 

loan  or  loans,  with  full  power  to  manage,  operate  and 
control  the  same :  Provided,  That  the  said  commissioners 
shall  in  no  case,  by  such  mortgage  or  otherwise,  encum- 
ber or  exercise  any  control  over  said  road  east  of  Laporte ; 
nor  shall  any  debt  created  by  them  constitute  any  charge 
or  liability  upon  or  against  any  portion  of  rail-road  east 
of  Laporte,  or  the  stockholders  thereof,  subject,  however, 
to  be,  and  the  same,  on  the  demand  of  the  said  board  of 
directors,  shall  be  restored  to  the  possession  and  control  TO  revert 
of  the  directors  of  said  company  upon  the  expiration  of 
the  period  for  which  said  loan  or  loans  shall  be  made, 
and  the  completion  of  the  entire  line  of  the  road  of  said 
company  across  the  state ;  such  change  of  possession,  how- 
ever, not  to  impair  or  in  any  way  affect  the  validity  of  said 
mortgage,  or  the  rights  of  the  said  mortgagees  thereun- 
der ;  and  the  said  commissioners  may  make  any  contract 
or  agreement  for  the  operation  and  stocking  said  western 
division  of  said  road,  and  for  the  division  of  profits  there- 
of, as  they  may  deem  advisable  and  may  be  agreed  upon 
between  them  and  other  contracting  parties  ;  and  in  case 
the  lenders  of  said  money  or  the  mortgagees  shall  be 
compelled  to  enforce  said  security  by  reason  of  any  de- 
fault in  payment,  and  procure  a  sale  of  said  road  west  of 
Laporte,  or  which  may  have  been  conveyed  to  them, 
then  the  purchasers  at  said  sale  shall  be  entitled  to  the 
like  franchises  and  privileges  as  the  Buffalo  and  Missis- 
sippi Rail-Road  Company  are  now  entitled  to  ;  and  said 
franchises  and  privileges  shall  attach  to  and  accompany 
said  rail-road :  Provided,  however,  The  franchises  and 
privileges  of  the  Buffalo  and  Mississippi  Rail-Road  Com- 
pany, and  its  rights  east  of  Laporte,  shall  in  nowise  be  Eastern  part 

J\       ,  °         ,      ,          ,         r       ,  '.,  ,.        i          •        not  affected. 

impaired  or  anected  thereby ;  and  said  parties  loaning 
said  money,  or  said  mortgagees,  shall  have  full  power 
from  time  to  time  to  repair  said  road  and  make  such  im- 
provements, constructions  and  erections  out  of  the  earn- 
ings of  said  road  as  may  be  deemed  necessary  to  facili- 
tate its  business  :  Provided,  That  until  the  said  western  Road  restor- 
division  of  said  road  shall  be  restored  to  the  possession  of  ore. 

4: 


50 

said  directors  of  the  Buffalo  and  Mississippi  Rail-Road 
Company,  the  Michigan  Central  Rail-Road  Company, 
or  other  party  or  parties  in  interest,  whether  as  stock- 
holders or  lenders,  shall  use  and  operate  the  rail-road 
upon  their  own  account,  and  at  their  own  risk  and 
expense,  and  shall  take  and  have  all  the  proceeds  thereof 
in  lieu  of  said  interest;  and  said  commissioners  may 
make  such  contract  with  the  lenders  for  the  division  of 
profits  as  between  them  and  [the]  stockholders  as  may  be 
deemed  just  and  equitable  ;  and  the  Buffalo  and  Missis- 
sippi Rail-Road  shall  not  be,  until  such  surrender,  liable 
for  said  interest,  or  for  any  expenditures  for  repairs,  or 
•  for  costs  of  operating  the  road,  until  said  western  division 
shall  be  restored  to  said  directors  as  aforesaid,  from  which 
time  said  eight  per  centum  interest  shall  become  payable, 
and  until  that  time  said  parties  receiving  said  profits  shall 
not  be  required  to  render  any  account  of  the  revenues, 
business  or  expenditures  of  or  upon  said  road ;  and  it 
shall  be  competent  for  said  commissioners  to  agree  that 
said  western  division  shall  remain  in  possession  of  said 
lenders  until  said  loan  shall  become  due  and  payable  ; 
and  in  case  any  permanent  erections  or  improvement 
shall  be  made  upon  said  road  during  said  time,  or  in  case 
it  shall  become  expedient  to  place  upon  said  road  a  T 
rail,  the  cost  and  expense  of  such  improvement  and 
change  of  rail  shall  be  added  to  the  amount  of  said  loan. 
Accounts  to  SEC.  4.  Said  parties  or  mortgagees  shall  render  to  the 

be  rendered.  ..  ....  -1-1.  />     i  •  -i    -r>    /» 

commissioners,  and  also  to  the  directors  01  the  said  Buf- 
falo and  Mississippi  Rail-Road  Company,  a  full  statement 
of  all  the  capital  invested  in  the  construction  of  said  western 
division,  and  also  of  all  additional  investments  and  erec- 
tions, and  also  for  the  change  of  the  flat  rail  for  the  T  or 
heavy  rail,  in  case  any  such  change  may  be  deemed  ex- 
pedient. 

ir  whole     SEC.  5.  In  case  it  shall  so  happen  from  any  cause  that 
completed"0'  any  portion  of  the  Buffalo  and  Mississippi  Rail-Road  shall 
. not  not  be  completed  within  the  time  required  by  its  charter, 
-or  the  amendments  thereto,  such  failure  to  complete  said 
j'oad  shall  not  be  deemed  a  breach  or  violation  of  said 


51 

charter,  or  of  the  duties  of  said  company  thereunder,  but 
all  the  rights  and  privileges  granted  to  the  said  company 
and  its  charter,  shall  attach  to  and  become  the  rights  and 
privileges,  and  the  charter  of  the  portion  of  said  road 
which  shall  be  completed,  and  no  act  or  omission  of  duty 
done  or  committed  by  the  company  or  directors,  or  said 
commissioners  thereof,  which  may  be  a  cause  of  forfeit- 
ure of  its  franchises,  or  any  part  thereof,  shall,  in  any 
way,  impair  or  affect  the  rights  of  the  lenders  of  said 
money,  or  the  said  mortgagees  or  their  assigns,  secured 
to  them  under  said  charter  and  amendments  thereto. 

SEC.  6.  In  case  of  any  appeal  from  the  judgment  of      Appeals 

*  i  n      from    report 

any  justice  of  the  peace,  upon  any  report  of  any  jury  for  of  jury, 
the  appraised  [amount]  of  damages  touching  the  right  of 
way,  or  for  lands  taken  for  the  purpose  of  constructing 
thereon  the  road  of  said  company,  as  provided  in  its  char- 
ter and  amendments  thereto,  such  appeal  shall  not  pre- 
vent the  said  company  from  proceeding  in  the  construc- 
tion of  said  road  over  such  lands,  nor  deprive  it  of  its 
right  of  entry  thereon  for  that  purpose  ;  which  right  is 
hereby  expressly  granted:  Provided,  That  before  said  Tender, 
company  shall  so  enter  and  construct  said  road,  it  shall 
either  tender  to  the  owner  of  said  lands  the  full  amount 
of  damages  which  shall  have  been  adjudged  to  him  or 
her,  or  shall  pay  the  same  into  the  court  to  which  such 
appeal  may  be  taken,  subj'ect  to  the  order  of  said  court, 
and  every  such  appeal  shall  be  taken  within  twenty  days 
from  the  rendition  of  said  judgment,  and  not  afterwards,  May  con- 
and  acceptance  of  the  amount  of  the  judgment  when8 
tendered,  shall  in  all  cases  be  taken  to  be  a  waiver  of  the 
right  to  appeal,  and  a  certified  copy  of  the  transcript  of 
the  judgment  of  the  said  justice  or  of  the  court  to  which 
such  appeal  shall  be  taken,  may  be  taken  by  the  com- 
pany, and  caused  to  be  recorded  in  the  recorder's  office 
of  the  county  where  said  lands  are  situate,  and  such  re- 
cord shall  be  notice  to  all  the  world  of  the  right  of  the 
company;  and  if,  in  case  of  any  appeal,  judgment  shall 
be  recovered  against  said  company  for  a  larger  amount 


52 

than  was  recovered  before  said  justice,  then  said  company 
shall,  within  sixty  days  from  the  date  of  said  judgment, 
pay  the  difference  between  the  amount  of  the  judgment 
before  the  justice  and  that  before  the  said  court,  in  case  the 
amount  of  the  judgment  before  the  justice  shall  have 
been  previously  paid  into  court ;  and  if  not,  then  the 
whole  amount  of  said  judgment,  in  the  appellate  court, 
shall  be  paid  to  the  owner  of  said  land  within  the  same 
time,  or,  in  default  thereof,  execution  may  issue  therefor ; 
and  in  case  it  shall,  at  any  time,  be  found  that  the  said 
company  is  or  shall  be  in  possession  of  land,  the  title  to 
which  has  not  been  made  perfect  in  said  company,  it  may 
obtain  title  to  the  same  by  appraisal,  judgment  and  the 
payment  therefor,  as  in  other  cases  provided  for  in  said 
charter  and  amendments  thereto. 

SEC.  7.  In  case  any  person  shall  wish  to  become  a 
book™  °pfo"  stockholder  in  said  western  division  of  said  road,  the 
m'  said  commissioners  shall  have  power  to  open  books  at  La- 
porte  and  Michigan  City,  under  such  regulations  as  they 
may  deem  proper,  for  subscription  of  stock,  and  shall 
have  and  exercise  the  same  power  to  collect  the  sub- 
scriptions and  enforce  payment  thereof,  as  the  charter 
of  the  said  company  secures  to  the  directors  thereof, 
and  in  the  same  manner ;  and  in  case  loans  of  money 
should  also  be  made,  the  said  commissioners  may  make 
such  agreement  with  the  lenders  thereof,  relative  to 
the  dividend  upon  said  stock,  as  between  the  said  stock- 
holders and  lenders,  as  may  be  deemed  by  the  parties 
contracting  just  and  proper. 

when  road  SEC.  8.  "Whenever  the  portion  of  the  road  which  may 
Co.,  "duty  to  be  mortgaged  under  this  act,  or  placed  in  the  control  of 
the  Michigan  Central  Rail-Road  Company,  or  the  lenders 
of  said  money,  shall  be  restored  to  the  possession  of  the 
Buffalo  and  Mississippi  Rail-Road  Company,  it  shall 
nevertheless  be  the  duty  of  the  Buffalo  and  Mississippi 
Rail-Road  Company,  and  it  is  hereby  required  thereafter 
always  to  transport  freight  and  passengers  to  and  from 
Michigan  City,  and  to  and  from  the  depots  used  by  the 


53 

Michigan  Central  Rail-Road,  at  Michigan  City,  and  over 
that  portion  of  the  Buffalo  and  Mississippi  Rail-Road  be- 
tween Michigan  City  and  the  Illinois  line,  for  the  rates  of  Kates  of  fare, 
fare  which  shall  not  exceed  per  mile  the  lowest  rates 
charged  to  any  other  parties  on  any  portion  of  the  whole 
of  the  said  Buffalo  and  Mississippi  Rail-Road,  or  any  road 
connected  therewith,  by  contract  or  otherwise,  in  the  di- 
vision of  profits,  and  shall  draw  the  cars  of  the  Michigan 
Central  Rail-Road  Company  over  the  road  between  Michi- Co- 
gan  City  and  the  Illinois  line,  with  the  engines  of  the 
Buffalo  and  Mississippi  Rail-Road  Company,  in  such  a 
manner  as  to  accommodate  the  Michigan  Central  Rail- 
Road  Company  in  the  transportation  of  its  freight  and 
passengers,  allowing  said  company  a  just  and  reasonable 
compensation  for  the  use  of  its  cars ;  and  the  width  of  tracYldth  of 
the  track  of  the  Buffalo  and  Mississippi  Rail-Road  shall 
not  in  any  case  be  changed  so  as  to  defeat  this  object ;  and 
in  case  it  shall  so  happen  that  the  money  so  loaned  and 
secured  by  mortgage  should  not  be  paid,  and  said  mort- 
gage shall  be  foreclosed  as  contemplated  in  this  act,  and 
the  property  in  said  western  division,  or  in  said  road  from 
Michigan  City  to  the  Illinois  line,  shall  become  vested  in 
any  other  parties  than  the  Buffalo  and  Mississippi  Rail- 
Road  Company,  then  and  in  that  case  the  parties  that 
shall  become  the  purchasers,  and  their  assigns,  shall  be 
forever  required  to  transport  freight  and  passengers  over  if  not  re- 

J-  stored,  hold- 

said  road  between  M  ichigan  City  or  Laporte,  as  the  case ers  to  run- 
may  be,  and  the  Illinois  state  line,  and  to  and  from  Michi- 
gan City  or  Laporte,  as  the  case  may  be,  and  to  and  from  the 
road  of  the  Buffalo  and  Mississippi  Rail-Road  Company, 
in  connection  therewith  at  either  of  those  points,  for  rates 
of  fare  which  shall  not  exceed  per  mile  the  lowest  rates    Kates, 
charged  to  any  other  parties,  on  any  portion  or  the  whole 
of  the  Michigan  Central  Rail-Road,  or  any  road  connected 
therewith  by  contract  or  otherwise,  in  the  division  of 
profits ;  and  shall  draw  the  cars  of  the  Buffalo  and  Mis-  Oars  drawn, 
sissippi  Rail-Road  Company  between  Michigan  City  or 
Laporte,  as  the  case  may  be,  and  the  Illinois  line,  with 
the  engines  of  the  party  purchasing  said  road,  or  their 


54 

assigns,  in  such  a  manner  as  to  accommodate  the  Buffalo 
and  Mississippi  Rail-Road  Company  in  the  transportation 
of  freight  and  passengers,  allowing  said  company  a  just 
and  reasonable  compensation  for  the  use  of  said  cars,  but 
charging  freight  as  aforesaid,  and  in  like  manner,  and  in 
all  respects  ;  in  case  that  portion  of  the  Buffalo  and  Mis- 
sissippi Rail-Road  east  of  Laporte,  and  between  Laporte 
and  Michigan  City,  shall  be  completed  and  put'  in  opera- 
tion before  the  said  western  division,  or  that  portion  of 
said  road  from  Michigan  City  to  the  Illinois  line,  shall  be 
restored  to  the  possession  of  the  Buffalo  and  Mississippi 
Rail-Road  Company,  it  shall  be  the  duty  of  the  Michigan 
Central  Rail-Road  Company,  or  other  party  or  parties  in 
interest,  to  transport  the  freight  and  passengers  and  draw 
the  cars  of  the  Buffalo  and  Mississippi  Rail-Road  Com- 
pany over  said  western  division,  or  the  said  road  from 
Michigan  City  to  the  Illinois  line,  so  as  to  accommodate 
the  Buffalo  and  Mississippi  Rail-Road  Company  in  the 
transportation  of  freight  and  passengers,  and  subject  to 
the  same  terms  as  the  charges  for  freight,  and  pay  for  the 
use  of  cars. 

SEC.  9'  In  case  said  road  shall  be  sold  under  said  mort- 


mort- 


gage^  an(j  ^e  property  therein  and  the  franchises  thereof 
shall  become  vested  in  any  parties  other  than  the  Buffalo 
and  Mississippi  Rail-Road  Company,  or  in  case  said  por- 
tion of  said  road  should  remain  in  the  possession  of  said 
company,  and  the  charter  of  said  company  on  the  residue 
of  said  routes  should  by  any  contingency  become  for- 
feited, and  that  subsequently  said  charter  should  be 
revived,  or  a  new  one  granted,  then  and  in  that  case  the 
parties  that  shall  become  purchasers,  or  otherwise  have 
possession  of  said  portion  of  said  road,  and  their  assigns, 
shall  be  required  forever  to  transport  freight  and  pas- 
sengers over  the  said  road  between  Michigan  City  or  La- 
TO  be  used,  porte,  as  the  case  may  be,  and  the  Illinois  state  line,  to 
and  from  Michigan  City  or  Laporte  aforesaid,  and  to  and 
from  the  road  of  said  company  at  Michigan  (City)  or  La- 
porte as  aforesaid,  organized  under  such  renewed  or 


55 

newly-granted  charter  for  rates  and  fare,  which  shall  not 
exceed  per  mile  the  lowest  rates  charged  to  any  other  Bates  of  faro, 
parties,  on  any  portion  or  the  whole  of  the  said  Michigan 
Central  Bail-Road,  and  shall  draw  the  cars  of  said  newly-  cars  drawn. 
organized  company  on  and  over  the  road  between  Michi- 
gan City  or  Laporte  as  aforesaid,  and  the  Illinois  line, 
with  the  engines  of  the  said  parties  purchasing  or  owning 
said  road,  or  their  assigns,  in  such  a  manner  as  to  accom- 
modate such  newly  organized  company  in  the  trans- 
portation of  its  freight  and  passengers,  allowing  said  com- 
pany a  reasonable  compensation  for  the  use  of  its  cars, 
but  charging  freight  as  aforesaid. 

SEC.  10.  In  case  the  Michigan  Central  Kail-Road  Com- .  Forfeiture 

in  case. 

pany,  or  other  persons  or  party  constructing  said  branch 
rail-road,  or  for  whom  the  same  may  be  constructed,  or 
their  or  either  of  their  assigns,  shall  enter  into  any 
arrangements  either  with  the  Southern  Michigan  Bail- 
Boad  Company  or  the  Erie  and  Kalamazoo  Bail-Road 
Company,  or  any  other  rail-road  company  in  Michigan 
for  the  formation  of  any  connection  therewith,  except  as 
provided  in  this  act,  whereby  either  freight  or  passengers 
to  or  from  Toledo  shall  be  carried  on  said  branch  road 
from  Michigan  City  to  the  northern  state  line,  and  thereby 
open  a  communication  between  Toledo  and  Chicago  to 
the  detriment  of  the  Buffalo  and  Mississippi  Bail-Boad, 
until' the  same  shall  be  completed  through  between  those 
two  points,  it  shall  work  an  entire  forfeiture  of  the  said 
branch  road,  and  all  the  rights,  privileges  and  fran- 
chises thereto,  herein  granted  to  the  said  Central  Bail- 
Boad  Company,  or  other  persons  for  whom  or  by  whom 
the  saM  branch  road  may  be  undertaken  or  constructed, 
or  their  assigns. 

SEC.  11.  The  said  board  of  commissioners  created  by  co 
this  act  shall  hold  their  offices  until  said  contract  or  con-  an 
tracts  for  said  loans  shall  have  been  made,  and  thereafter 
they  shall  be  elected  annually  by  the  stockholders,  who 
shall  become  such  in  the  western  division  of  the  Buffalo 
and  Mississippi  Bail-Boad  Company,  upon  the  first  Mon- 


56 

day  in  January  of  each  year,  or  upon  such  other  day  as 
shall  be  by  said  board  appointed,  and  in  case  no  election 
shall  be  had  upon  the  day  hereby  appointed,  the  com- 
missioners last  elected  or  appointed  shall  hold  their  offices 
until  a  new  election  shall  be  had ;  said  commissioners 
may  be  elected  from  stockholders  living  either  within  or 
out  of  the  state,  and  shall  have  power  to  choose  a  presi- 
dent from  among  their  number,  and  also  to  appoint  a 
secretary  and  treasurer  of  said  board,  and  a  majority  of 
said  board  shall  be  a  quorum  to  transact  all  business ; 
HOW  con- and  they  shall  enter  into  contracts  or  agreements  in  the 
name  of  the  Buffalo  and  Mississippi  Rail-Road  Company, 
by  the  board  of  commissioners  for  the  western  division  of 

seal.  gaid  road,  and  may  use  a  corporate  seal,  which  shall  be 
the  seal  of  the  said  board,  or  of  the  said  company,  but 
they  shall  exercise  no  control  or  have  any  thing  in  any 
way  to  do  with  or  incumber  that  portion  of  said  road  lying 
east  of  Laporte  ;  and  the  said  board  of  commissioners  shall 
be  dissolved  whenever  the  Buffalo  and  Mississippi  Rail- 
Road  is  completed  through  the  entire  line  of  its  route. 

Debt  to  be  SEC.  12.  The  present  outstanding  debt  of  the  Buffalo 
and  Mississippi  Rail-Road  Company  shall,  in  case  any 
loan  of  money  shall  be  made  for  the  construction  of  the 
western  division  of  said  road,  be  a  charge  upon  the  stock 
subscribed  for  said  division,  and  upon  said  commission- 
ers ;  and  it  shall  be  the  duty  of  said  commissioners  to  pro- 
cure the  same  to  be  cancelled,  paid  or  otherwise  dis- 
charged, and  save  the  said  company  from  any  liability 
by  reason  thereof,  and  relieve  it  from  all  obligations  to 
pay  the  same. 

stock  can-     SEC.  13.  The  present  directors  shall,  when  this  act  is 

celled. 

accepted,  surrender  up  their  stock  to  be  cancelled,  and 
any  and  every  stockholder  of  stock  subscribed  previous 
to  the  first  of  January,  1848,  may  and  shall  have  the 
right,  upon  request,  to  have  his  said  stock  cancelled 
entirely ;  and  so  far  as  the  said  stock  shall  be  surrendered 
up  and  cancelled,  it  shall  be  the  same  as  if  it  had  never 
been  subscribed  for,  and  the  directors  of  said  company 


57 

shall  cancel  all  such  surrendered  and  all  forfeited  stock, 
and  books  shall  from  time  to  time  be  opened,  and  stock 
subscribed,  in  the  same  manner  and  to  the  same  extent 
as  if  such  cancelled  stock  had  never  been  taken. 

SEC.  14.  This  act  shall  take  effect  and  be  in  force  from  Act  take 
and  after  the  time  when  the  same  shall  be  accepted  as  a 
part  of  the  charter  of  the  Buffalo  and  Mississippi  Rail- 
Eoad  Company,  by  a  resolution  of  the  board  of  directors 
thereof,  entered  upon  the  records  of  said  board  in  full, 
and  from  that  time  the  said  commissioners  shall  be  fully 
vested  with  the  powers  herein  conferred  upon  them,  and 
from  that  time,  also,  the  places  of  the  present  board  of 
directors  shall  be  vacated,  and  the  acceptance  of  this  act 
by  them  shall  be  taken  as  a  resignation  of  their  several 
officers  as  directors  of  said  company ;  and  from  that  time 
until  the  said  western  division  of  said  road  shall  be  re- 
deemed from  said  mortgage  or  other  conveyance  by  way 
of  security  for  said  moneys  loaned,  or  until  the  whole 
line  of  the  Buffalo  and  Mississippi  Rail-Road  shall  be 
completed  across  the  state  ;  the  directors  of  said  company  Directors 
shall  be  elected  by  the  stockholders  of  said  company,  stockholders 

*  r       "     east   of  La- 

whose  stock  shall  have  been  subscribed  in  books  opened  porte. 
or  to   be   opened  therefor,  in   counties  along  the  line 
of  said  road  east  of  Laporte  ;  and  said  directors,  so  to  be 
elected,  shall  be  residents  of  the  said  eastern  counties,  ex- 
cepting as  by  the  charter  of  said  company  and  the  amend- 
ments thereto,  they  may  be  non-residents  of  the  state  of 
Indiana,  and  said  part  of  said  road  lying  east  of  Laporte  Eoad  there 
shall  be  entirely  under  the  control  of  the  stockholders,  control, 
whose  stock  shall  have  been  so  subscribed ;   but  said    Mutual  re- 
directors  and  commissioners  shall  mutually  report  to  each 
other  all  proceedings  therein,  expenditures  and  the  reve- 
nues of  their  respective  divisions,  and  such  other  matters 
as  may  be  proper  whenever  requested,  but  not  oftener 
than  once  in  each  year ;  and  after  said  western  division 
shall  be  replaced  in  the  possession  of  the  directors  of  said 
company  as  provided  in  this  act,  then  and  from  that  time 
its  affairs  shall  be  controlled  by  the  stockholders  generally 


58 

under  the  charter,  and  directors  shall  be  elected  by  them 
from  any  part  of  the  state  or  elsewhere,  under  the  pro- 
visions of  the  charter  and  amendments  thereto,  in  the 
same  manner  as  if  this  act  had  never  been  passed. 
New  direct-    SEC.  15.  In  case  of  the  acceptance  of  this  act  as  an  amend- 

ors   appoint- 
ed, ment  to  the  charter,  and  the  resignation  of  the  present 

directors,  Thomas  S.  Stanfield  and  Joseph  L.  Jernegan, 
of  the  county  of  St.  Joseph,  and  James  H.  Barnes  and 
Erastus  W.  H.  Ellis,  of  the  county  of  Elkhart,  and  Dela- 
van  Martin  and  Drusus  Nichols,  of  the  county  of  La- 
grange,  and  Madison  Marsh,  of  the  county  of  Steuben, 
shall  be,  and  they  are  hereby  constituted  a  board  of 
directors  for  the  Buffalo  and  Mississippi  Rail-Road  Com- 
pany, as  the  successors  of  the  now  existing  board  of 
directors,  to  hold  their  offices  as  such  until  their  succes- 
sors in  office  are  duly  elected  according  to  the  provisions 
of  the  charter  and  amendments,  for  the  election  of  direct- 
Powers,  ore,  with  the  power  to  fill  all  vacancies  in  their  board, 
and  to  organize  the  same,  and  to  make  all  necessary 
orders,  and  to  do  all  acts  which  may  be  made  or  done  by 
the  directors  of  said  company,  under  the  original  charter 
or  the  amendments  thereto,  except  as  otherwise  provided 
in  this  act,  and  to  receive  from  the  present  directors  all 
records  or  other  books  and  papers,  and  all  stock  and  other 
property  or  thing  belonging  to  said  company ;  the  direct- 
ors of  said  company  shall  have  power  to  make  all  such 
necessary  contracts  with  any  rail-road  company  or  com- 
panies, either  in  Ohio  or  Illinois,  for  the  passage  of  cars 
contracts  or  otherwise,  as  shall  accommodate  said  Buffalo  and 

oompan^I  Mississippi  Rail-Road  Company  in  the  transportation  of 
its  freight  and  passengers,  but  they  shall  in  no  case  incum- 
ber  the  western  division  of  said  road,  nor  shall  any  debt 
created  or  contracted  hereinafter  by  the  directors  of  the 
Buffalo  and  Mississippi  Rail-Road  Company  constitute 
NO  charge  any  charge  or  liability  upon  or  against  the  western  divis- 

Divilioen.tern  ion  of  said  road,  or  the  stockholders  thereof,  until  the 
said  western  division  shall  be  restored  to  the  possession 
of  the  directors  of  said  road,  under  the  provisions  of  this 


59 

act :  Provided,  That  if  either  of  the  above  persons  shall     vacancy, 
not  at  the  time  of  the  organization  of  said  board,  be  a  ore.' 
stockholder  in  said  company,  it  shall  vacate  his  said 
office  as  such  director,  which  vacancy  shall  be  filled  as 
in  other  cases. 
Approved  February  8,  1848. 


AN  ACT 


RELATIVE   TO   THE   COMMISSIONERS   OF   THE  WESTERN  DIVISION          Passed 

Jan.  5,  1849. 
OF  THE  BUFFALO  AND  MISSISSIPPI  RAIL-ROAD  COMPANY. 


SEC.  1.  Be  it  enacted  ly  the  General  Assembly  of  the 
State  of  Indiana,  That  the  board  of  commissioners  of  struct  branch 
the  western  division  of  the  Buffalo  and  Mississippi  Rail-&c.  a 
Road  Company  are  hereby  authorized  and  empowered 
to  construct,  run,  manage  and  operate  the  branch  speci- 
fied in  section  five  (5)  of  an  act,  entitled  "  An  act  to 
amend  an  act,  entitled  an  act  to  incorporate  the  Buffalo 
and  Mississippi  Rail-Road  Company,  approved  February 
6,  1835,"  approved  January  6,  1846,  and  for  that  pur- 
pose shall  possess  and  enjoy  all  the  powers  and  capacities, 
and  have  all  the  privileges  and  immunities  granted  to 
the  Buffalo  and  Mississippi  Rail-Road  Company. 

SEC.  2.  Said  commissioners  may  construct  said  branch  Time  wheo. 
as  soon  as  that  part  of  the  main  line  between  Laporte 
and  Michigan  City  shall  be  completed,  and  complete  the 
same  within  six  years  thereafter ;  and  it  shall  constitute 
a  part  of  the  western  division  of  said  road,  and  may  be 
constructed,  managed,  run  and  operated  as  such :  Pro- 
vided, That  nothing  herein  contained  shall  be  so  con- 
strued as  to  require  or  authorize  the  said  Buffalo  and 
Mississippi  Rail-Road  Company  to  redeem  sp,id  branch  ; 
but  the  same  shall  be  constructed,  run,  managed  and 
operated  forever  by  the  board  of  commissioners  of  said 


60 

western  division  and  their  successors,  or  the  lenders  of 
[the]  money,  (as  the  case  may  be,)  as  is  provided  in  sec- 
tion three  of  an  act,  entitled  "An  act  to  amend  an  act 
[entitled  an  act]  to  incorporate  the  Buffalo  and  Missis- 
sippi Rail-Road  Company,"  approved  February  6,  1835, 
and  the  several  acts  amendatory  thereto,  approved  Feb- 
ruary 8, 1848 ;  and  the  costs  thereof  shall  not,  at  any  time, 
constitute  a  change  [charge]  upon  the  said  Buffalo  and 
Mississippi  Rail-Road  Company,  nor  shall  said  company 
at  any  time  have  or  exercise  any  control  over  said  branch, 
or  any  part  thereof.  And,  for  the  purpose  of  construct- 
ing, managing,  running  and  operating  said  branch,  the 
said  board  of  commissioners  of  said  western  division,  and 
their  successors  in  office  forever,  are  hereby  constituted 
commis-a  body  politic  and  corporate,  with  perpetual  existence 

sioners  body  .  i         T  n         ~  .  ,         .     .       -,       -, 

corporate,  during  the  life  of  the  said  original  charter,  with  such 
powers,  for  the  purposes  aforesaid,  as  are  specified  and 
given  in  the  amendment  aforesaid,  approved  February 
8,  1848  :  And  provided,  further,  That  in  case  the  said 
Buffalo  and  Mississippi  Rail-Road  Company  shall  re- 
deem, as  provided  and  allowed  in  the  amendment  last 
aforesaid,  the  said  board  of  commissioners,  or  lenders  of 
the  money,  or  owners  of  the  said  branch,  as  the  case 
may  be,  shall  be  entitled  to  all  the  privileges  on  the  road 
•wuh  pri- between  the  junction  of  said  branch  and  the  main  line 

malleiine.°n  of  said  road  and  Lake  Michigan,  and  from  thence  to  and 
from  the  Illinois  state  line,  secured  to  the  Michigan  Cen- 
tral Rail-Road  Company,  by  the  eighth  section  of  the 
amendment  last  aforesaid. 

SEC.  3.  This  act  shall  be  a  public  act,  and  shall  be  in 
force  from  and  after  its  acceptance  by  said  board  of  com- 
missioners of  the  western  division  of  said  road ;  and  all 
laws  conflicting  with  the  provisions  of  this  act  are  hereby 
repealed. 

Approved  January  5,  1849. 


61 

At  a  meeting  of  the  board  of  commissioners  of  the 
western  division  of  the  Buffalo  and  Mississippi  Rail-Road, 
held  at  their  office,  on  *the  17th  day  of  January,  A.  D. 
1849,  pursuant  to  the  call  of  the  president :  present,  Wil- 
liam C.  Hannah,  president ;  Abraham  P.  Andrew,  Jr., 
Andrew  L.  Osborn,  Chancy  B.  Blair  and  William  J. 
Walker,  commissioners ;  at  which  time  and  place, 
among  other  proceedings  of  said  board,  the  following 
resolution  was  passed  : 

Resolved,  That  an  act  of  the  general  assembly  of  the  vote  of  ac- 
state  of  Indiana,  entitled  "  An  act  relative  to  the  com-cel 
missioners  of  the  western  division  of  the  Buifalo  and 
Mississippi  Rail-Road  Company,  approved  January  5th, 
1849,"  be,  and  the  same  is  hereby  accepted  and  adopted 
as  a  part  of  the  charter  of  this  board. 

And  on  motion  the  board  adjourned. 

W.  C.  HANNAH,  President. 

(Attest,) 

A.  L.  OSBOKN,  Sec.,  pro  tern. 


I,  Samuel  E.  Williams,  secretary  of  the  board  of  com- 
missioners of  the  western  division  of  the  Buffalo  and 
Mississippi  Rail-Road  Company,  do  hereby  certify  that 
the  above  is  a  true  and  correct  copy  of  the  resolution 
passed  by  said  board,  at  their  meeting  on  the  17th  day 
of  January,  1849,  as  the  same  now  appears  on  the  records 
of  said  board. 

SAMUEL  E.  WILLIAMS,  Secretary. 


62 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO  PROVIDE  FOR  THE 
CONSTRUCTION  OF  A  RAILWAY  IN  LAPORTE  COUNTY,"  AP- 
PROVED FEBRUARY  11,  1843. 

Proviso  to     SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
whole  of  6th  State  of  Indiana,  That  the  proviso  to  the  fifth  section? 
peaied.       and  the  whole  of  the  sixth  section,  of  the  act  entitled 
"  An  act  to  provide  for  the  construction  of  a  railway  in 
Laporte  county,"  approved  February  11,  1843,  are  here- 
by repealed. 

•when  to  SEC.  2.  "Whenever  the  eastern  end  of  the  Buffalo  and 
&  M.  E.  B!  Mississippi  Kail-Road  shall  be  constructed  to  the  town 
of  Laporte,  this  company  shall  be  merged  in  the  same, 
and  the  stockholders  then  shall  be  stockholders  in  the  said 
Buffalo  and  Mississippi  Rail-Road  Company,  and  shall 
be  entitled  to  and  receive  dividends  according  to  the  stock 
owned  by  them,  clear  of  all  incumbrances  created  by 
said  Buffalo  and  Mississippi  Rail-Road  Company,  prior 
to  such  union. 

individual     SEC.  3.  The   directors  of  said  company  who  vote  for 

directors.  °  and  create  a  debt  exceeding  the  amount  of  solvent  stock 

at  the  time,  shall  be  liable  in  their  individual  capacity 

May   be  therefor :  and  the  legislature  hereby  reserves  the  right 

repealed,  '  J  .   .' 

when.        to  repeal  or  amend  this  charter  whenever  its  provisions 
are  violated. 

SEC.  4:.  C.  B.  Blair,  of  Michigan  City,  John  B.  Niles 
s  and  A.  P.  Andrew,  Jr.,  or  any  two  of  them,  are  hereby 
appointed  commissioners  to  open  books  for  subscriptions 
to  the  capital  stock  of  said  company. 

Acts,  when     SEC.  5.  This  act,  and  the  act  to  which  it  is  an  amend- 
ment, shall  be  a  public  act,  [public  acts,]  and  this  shall 
be  in  force  from  and  after  its  passage. 
Approved  January  15,  1849. 


63 


AN  ACT 

TO   EMPOWER  'RAIL-ROAD  COMPANIES   TO  RECEIVE  LANDS,  LOTS 
AND   OTHER   PROPERTY   IN   SUBSCRIPTION   OF   STOCK. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the  companies 
State  of  Indiana.  That  it  shall  be  lawful  for  any  rail-road  real  estate  by 

*          .  purchase  or 

company  which  may  now  be  or  herealter  may  be  incor- as  stock, 
porated,  to  receive  by  purchase  or  by  subscription  of 
stock  any  lands,  and  to  hold  and  convey  the  same,  that 
may  be  necessary  for  the  purpose  of  erecting  depots, 
turn-outs,  work-shops,  warehouses,  or  for  any  other  pur- 
poses necessary  for  the  conveniences  of  said  companies, 
in  order  to  transact  the  business  usual  for  rail-road  com- 
panies. 

SEC.  2.  It  may  be  lawful  for  said  corporations,  by  tt16,^1"6061^ 

consent  of  the  directors  of  the  same,  to  receive  the  sub- lot?  as  sub- 
scription. 

scription  for  the  capital  stock  of  said  companies,  under 
such  regulations  and  restrictions  as  their  boards  of  di- 
rectors may  prescribe,  any  lands,  town-lots,  real  estate  or 
other  description  of  property  as  may  be  offered  for  that 
purpose  :  Provided,  however,  That  the  same  shall  be  sold,  Proviso. 
except  so  much  as  may  be  necessary  for  the  use  of  said 
road,  or  for  the  purposes  aforesaid,  within  a  reasonable 
time,  and  the  proceeds  applied  for  the  construction  of 
said  roads  or  their  appurtenances. 

SEC.  3.  There  beinsr,  in  the  opinion  of  this  general  as-    This  act, 

•  ,.,  .when  to  be 

sembly,  an  emergency  for  the  immediate  taking  enect  of  in  force, 
this  act,  the  same  shall  be  in  force  from  and  after  its  passage, 
and  publication  in  the  Indiana  State  Journal,  Indiana 
State  Sentinel  and  Indiana  Statesman. 
Approved  January  20,  1852. 


AN  ACT 

AUTHORIZING  EAIL-EOAD,  PLANK  ROAD,  TURNPIKE  ROAD  AND 
MO  ADAMIZED  KOAD  COMPANIES  TO  BORROW  MONEY  AND  TO 
SECURE  THE  REPAYMENT  THEREOF  BY  MORTGAGE. 

SEC.  1.  Be  it  enacted  ~by  the  General  Assembly  of  the 
c  animay  State  of  Indiana,  That  each  and  every  rail-road,  plank 
mar  and")*  road,  McAdamized  and  turnpike  road  company  heretofore 
&ce,  and  incorporated  or  hereafter  to  be  incorporated  within  this 
gage  road°or  state,  shall  have  full  power  and  authority  from  time  to 

other  proper-    .  ,  .  ,.  _ 

ty.  time  to  borrow  money  upon  its  own  credit  at  any  rate  of 

interest  allowed  by  the  law  of  the  state  where  the  loans 
may  be  negotiated  or  the  money  borrowed,  to  be  agreed 
upon  between  the  parties,  for  the  sole  purpose  of  con- 
structing its  road,  and  furnishing  materials  therefor,  with 
all  necessary  machinery  and  fixtures  necessary  to  carry 
on  the  operations  of  such  company ;  and  as  an  evidence 
of  such  loans,  or  for  the  purchase  of  materials  and  ne- 
cessary machinery  on  time,  may  issue  its  corporate  bonds 
or  promissory  notes ;  and  to  secure  the  repayment  there- 
of, with  the  interest  which  shall  accrue,  may  mortgage 
its  road,  income  and  other  property,  and  may,  by  its 
president  or  other  officer  or  agents,  sell,  dispose  of  or  ne- 
gotiate such  bonds,  notes  or  the  stock  of  such  company, 
at  such  times  and  at  such  places,  either  within  or  without 
this  state,  and  at  such  rates  and  for  such  prices  as,  in  the 
opinion  of  such  company,  will  best  advance  its  interests, 
sale  of  SEC.  2.  And  if  such  bonds,  notes  or  stock  are  thus  sold 
dSSJunt"  T£! at  a  discount,  such  sale  shall  be  as  valid  and  binding  in 
&c',  conver-  every  respect  as  if  sold  at  their  par  value  ;  and  every 
stock.  mtosuch  company  is  hereby  authorized  to  confer  upon  the 
holder  of  any  bond  or  note,  sold  or  issued  as  aforesaid, 
the  right  to  convert  the  principal  thereof  at  any  time 
until  paid  into  the  stock  of  such  company. 


65 

SEC.  3.  All  such  contracts,  bonds,  notes  and  mortgages    contracts, 
made  in  pursuance  of  the  foregoing  provisions,  shall  be  this'      act, 

TJ          jt-     j-  ^  I-         j.1,  •£  ^     binding  as  if 

as  valid  and  binding  upon  the  parties  thereto  as  it  the  made  under 

11  •    •       i?  T_     j  •    j    •       XT.  T          ,    act  of  incor- 

same  had  been  originally  embodied  in  the  several  acts  poration. 
incorporating  such  companies :  Provided,  however,  That   Proviso, 
this  act  shall  not  be  so  construed  as  to  repeal,  change  or 
modify  any  similar  provisions  contained  in  any  act  incor- 
porating any  rail-road  company,  or  any  act  amendatory 
thereof,  or  to  restrict  the  provisions  of  any  act  of  incor- 
poration of  any  rail-road  company,  or  any  act  amenda- 
tory thereof,  which  has  enlarged  rights,  grants  or  privi- 
leges. 

SEC.  4.  It  is  hereby  declared  that  an  emergency  exists  This  act, 
for  the,  immediate  taking  effect  of  this  act ;  therefore,  be 
it  enacted,  that  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  and  that  the  same  be  pub- 
lished in  the  Indiana  Statesman,  the  Indiana  State  Jour- 
nal and  the  Indiana  State  Sentinel. 

Approved  February  5, 1852. 


AN  ACT 

TO  PROVIDE  FOR  THE  INCORPORATION  OP  RAIL-ROAD  COMPANIES. 

• 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the     procee<i- 
State  of  Indiana,  That  any  number  of  persons,  not  less  ang 
than  fifteen,  being  subscribers  to  the  stock  of  any  con-tton4 
templated  rail-road,  may  be  formed  into  a  corporation, 
for  the  purpose  of  constructing,  owning  and  maintain- 
ing such  rail-road,   by  complying  with  the   following 
requirements : 

Whenever  stock  to  the  amount  of  at  least  fifty  thou- 
sand dollars,  or  one  thousand  dollars  for  each  and  every 
mile  of  the  proposed  road  shall  have  been  subscribed, 
the  subscribers  to  such  stock  shall  elect  directors  for  such 
company  from  their  own  number,  and  shall  severally 

5 


66 

subscribe  articles  of  association,  in  which  shall  be  set 
forth  the  name  of  the  corporation,  the  amount  of  the 
capital  stock  of  the  company,  (which  may  be  increased 
from  time  to  time,  if  necessary,  to  a  sum  equal  to  the 
actual  cost  of  constructing  the  road,  together  with  the  cost 
of  the  right  of  way  and  motive  power,  together  with  all 
other  appurtenances  and  expenses  necessary  for  the  com- 
pletion and  running  of  such  road,)  the  number  of  shares 
of  which  said  stock  shall  consist ;  the  number  of  direct- 
ore,  and  their  names,  to  manage  the  affairs  of  the  com- 
pany ;  the  name  of  the  place  from  which  and  the  place 
to  which  the  proposed  road  is  to  be  constructed,  and  each 
county  into  which  or  through  which  it  is  intended  to  pass, 
and  its  length  as  near  as  may  be.  Each  subscriber  to 
such  articles  of  association  shall  state  his  place  of  resi- 
dence, and  the  number  of  shares  taken  by  him  in  such 
company. 

Articles  of  SEC.  2.  Articles  of  association  formed  in  pursuance  of 
besmedin°hethe  provisions  of  the  foregoing  section,  shall  be  filed  in 
retary  of  state  the  office  of  the  secretary  of  state;  and  thereupon  the 
persons  who  shall  have  subscribed  the  same,  and  all  per- 
sons who  shall  from  time  to  time  become  stockholders  in 
such  company,  and  their  successors,  shall  be  a  body  poli- 
tic and  corporate,  in  perpetuity,  by  the  name  stated  in 
such  articles  of  association,  and  shall  be  capable  of  juing 
and  being  sued,  and  may  have  a  common  seal,  and  may 
make  and  alter  the  same  at  pleasure,  and  shall  be  capa- 
ble in  law  of  purchasing,  holding  and  conveying  any  real 
and  personal  property  whatever,  necessary  for  the  con- 
struction of  such  road,  and  for  the  erection  of  all  neces- 
sary buildings  and  yards,  and  appurtenances  for  the  use 
of  the  same.  A  copy  of  any  articles  of  association,  filed 
in  pursuance  of  this  act,  and  certified  to  be  a  copy,  by 
the  secretary  of  state  or  his  deputy,  shall,  in  all  courts 
and  places,  be  presumptive  evidence  of  the  incorpora- 
tion of  such  company,  and  of  the  facts  stated  therein, 
opening  of  SEC.  3.  The  directors  named  in  the  first  section  of  this 
act  shall  open  books  for  subscription  to  the  capital  stock 


67 

of  the  company,  at  such  times  and  in  such  places  as  a 
majority  of  them  may  direct — due  notices  of  which  shall 
be  given  ;  and  in  case  a  greater  amount  of  stock  shall  be 
subscribed  than  the  whole  capital  required  by  such  com- 
pany, the  directors  shall  distribute  such  capital  stock  so 
subscribed,  as  equally  as  possible  among  the  subscribers ; 
but  no  share  thereof  shall  be  divided  in  making  such 
distribution,  nor  shall  a  greater  number  of  shares  be 
allotted  to  any  one  subscriber  than  by  him  subscribed 
for. 

SEC.  4.  There  shall  be  an  annual  meeting  of  the  stock-       Annual 
holders,  to  be  held  in  one  of  the  counties  in  which  or  stockholders, 
through  which  such  road  is  proposed  to  be  or  may  be  mereoc 
constructed,  for  the  election  of  directors  to  serve  for  the 
ensuing  year — notice  of  which,  appointing  a  time  and 
place,  shall  be  given  by  the  directors,  chosen  as  provided 
in  the  first  section  of  this  act,  for  the  first  annual  election, 
.and  afterwards  by  their  successors  in  office  ;  which  notice 
shall  be  published  not  less  than  twenty  days  previous 
thereto,  in  a  newspaper  published  in  each  county  through 
which  such  road  shall  be  intended  to  run  (if  there  be 
stockholders  residing  therein)  in  which  a  newspaper  shall 
be  published ;  and  if  no  newspaper  be  published,  then 
by  six  written  or  printed  notices  put  up  in  the  most  pub- 
lic places  in  such  county.     Three  judges  of  elections  shall 
be  chosen  by  the  board  of  directors  previous  to  any  an- 
nual meeting  of  the  stockholders,  who  shall  be  stockhold- 
ers,  but  not  directors,   at  the   time   of  such   elections, 
whose  duty  it  shall  be  to  receive  the  votes  of  the  stock- 
holders at  such  elections  for  directors,  and  who  shall  open- 
ly count  the  votes  and  declare  the  result,  and  shall  fur- 
nish the  directors  elected  at  such  meeting  of  the  stock- 
holders with  a  certificate  of  their  election,  which  certifi- 
cate shall  be  evidence  of  their  authority  to  act  as  such 
directors.     Not  less  than  seven  nor  more  than  thirteen 
directors  shall  be  chosen  at  such  meeting  of  stockhold. 
ers,  by  ballot,  and  by  a  majority  of  the   votes   of  the 
stockholders  being  present  in  person  or  by  proxy ;  and 


68 

every  such  stockholder  being  so  present  at  any  election 
for  directors,  shall  be  entitled  to  give  one  vote  for  every 
share  of  stock  which  he  may  have  owned  for  ten  days 
next  preceding  such  election  ;  but  no  stockholder  shall 
vote  at  any  such  election  upon  any  stock  except  such  as 
he  shall  have  owned  for  ten  days.  ]STo  person  shall  be  a 
director  unless  he  shall  be  a  stockholder,  owning  stock  abso- 
lutely in  his  own  right,  and  qualified  to  vote  for  directors 
at  the  election  at  which  he  shall  be  chosen.  The  directors 
shall  hold  their  office  for  one  year,  and  until  others  are 
elected  in  their  places. 

other  m«et-  SEC.  5.  Meetings  of  the  stockholders  may  be  called  at 
caHednay  **  any  time  during  the  interval  between  the  annual  meet- 
ings by  the  directors,  or  by  the  stockholders  owning  not 
less  than  one-fourth  of  the  stock,  by  giving  thirty  days' 
public  notice  of  the  time  and  place  of  the  meetings,  in 
the  manner  provided  in  the  next  preceding  section  for 
the  annual  meetings;  and  when  any  such  meeting  is 
called  by  the  stockholders,  the  particular  object  of  such 
meeting  shall  be  stated  in  such  notice  ;  and  if  at  any  such 
meeting  thus  called,  a  majority  in  value  of  the  stock- 
holders are  not  represented  in  person  or  by  proxy,  such 
meeting  shall  be  adjourned  from  day  to  day,  not  exceed- 
ing three  days,  without  transacting  any  business  ;  and  if 
within  said  three  days  stockholders  having  a  majority  of 
the  stock  do  not  attend  such  meeting,  then  the  meeting 
shall  be  dissolved. 

statement  SEC.  6.  At  a  regular  meeting  of  the  stockholders  of 
ly.  °f  any  such  corporation,  it  shall  be  the  duty  of  the  president 
and  directors  in  office  for  the  preceding  year,  to  exhibit 
a  clear  and  distinct  statement  of  the  affairs  of  said  com- 
pany, and  at  any  meeting  of  the  stockholders,  a  majority 
of  those  present,  in  person  or  by  proxy,  may  require 
similar  statements  from  the  directors,  whose  duty  it  shall 
be  to  furnish  them  when  thus  required  ;  and  at  all  general 
meetings  of  the  stockholders,  a  majority  in  value  of  the 
stockholders  in  such  company  may  remove  any  president 
or  any  director  of  such  company,  and  elect  others  in 


69 

their  stead  :  Provided,  Notice  of  such  intended  removal    Provuo. 
shall  have  been  given  as  required  in  the  two  last  pre- 
ceding sections. 

SEC.  7.  In  case  it  shall  happen,  at  any  time,  that  an    Failure  to 

J  '  elect   direct- 

election  of  directors  shall  not  be  made  on  the  day  desig-f>«nottouis- 

•r  c)   solve     com- 

nated  by  the  by-laws  of  the  company,  when  it  ought  to  p»ny- 
have  been  made,  the  company,  for  that  reason,  shall  not 
be  dissolved,  if,  within  ninety  days  thereafter,  they  shall 
hold  an  election  for  directors,  in  such  manner  as  shall  be 
provided  by  the  by-laws  of  the  company.    There  shall  be    President, 

.-,„•,  *"'       i      IT  i  -i  i  i  h°w  chosen. 

a  president  of  the  company,  who  shall  be  chosen  by  and 
from  the  directors,  and  also  such  subordinate  officers  as 
the  company,  by  its  by-laws,  may  designate,  who  may  be 
elected  or  appointed,  and  required  to  give  such  security 
for  the  faithful  performance  of  the  duties  of  their  offices 
as  the  company  by  its  by-laws  may  require  :  Provided,  Proviso. 
That  nothing  herein  contained  shall  be  so  construed  as 
to  prevent  the  stockholders  from  removing  a  president, 
and  electing  another  in  his  place  in  the  manner  pre- 
scribed in  the  last  preceding  section. 

SEC.  8.  It  shall  be  lawful  for  the  directors  to  call  in  Money  sub- 
and  demand  from  the  stockholders  respectively,  any  sums  be  called  m 

,  ,        .,  ,          .,      ,    .  ,r  .      ,    -,    by  directors. 

of  money  by  them  subscribed,  in  such  payments  or  instal- 
ments as  the  directors  shall  deem  proper,  under  the 
penalty  of  forfeiting  the  shares  of  stock  subscribed  for, 
and  all  previous  payments  made  thereon,  if  payment  shall 
not  be  made  by  the  stockholders  within  thirty  days  after 
personal  demand  or  notice,  requiring  such  payment,  shall 
have  been  made  in  each  county  through  which  such  road 
shall  be  laid  out,  in  which  a  newspaper  shall  be  pub- 
lished: Provided,  That  subscriptions  shall  not  be  re- 
quired  to  be  paid  except  in  equal  instalments  of  not  more 
than  ten  per  cent,  a  month. 

SEC.  9.  The  dire ctors  of  such  company  shall  have  power 
to  make  by-laws  for  the  management  and  disposition  of 
stock,  property  and  business  affairs  of  such  company,  not 
inconsistent  with  the  laws  of  this  state,  and  prescribing 
the  duties  of  officers,  artificers  and  servants  that  may  be 


70 

employed,  and  for  the  appointment  of  all  the  officers  for 
carrying  on  all  the  business  within  the  object  and  pur- 
poses of  such  company. 
*     ,  6t°ck     SEC.  10.  The  stock  of  such  company  shall  be  deemed 

transferable.  • 

personal  estate,  and  shall  be  transferable  in  the  manner 
prescribed  by  the  by-laws  of  the  company  ;  but  no  shares 
shall  be  transferable  until  all  previous  calls  thereon  shall 
have  been  fully  paid  in,  or  the  shares  shall  have  been  for- 
feited for  the  non-payment  of  calls  thereon, 
certificate  SEC.  11.  The  president  and  a  majority  of  the  directors, 

of       capital      .  .  .  .  A  «J          •/ 

stock  to  be  within  thirty  days  alter  the  payment  of  the  last  instal- 

flled  with  the  i 

secretary  ofment  of  the  capital  stock,  so  fixed  and  limited  by  the 
company,  shall  make  a  certificate  stating  the  amount  of 
capital  stock  so  fixed  and  paid  in,  which  certificate  shall 
be  signed  by  the  president  and  a  majority  of  the  directors, 
and  sworn  to  by  the  president  and  secretary ;  and  they 
shall,  within  the  said  thirty  days,  file  and  record  the  same 
in  the  office  of  the  secretary  of  state. 

Profile  of  SEC.  12.  Every  such  company,  before  proceeding 
to  construct  a  part  of  their  road  into  or  through  any 
county  named  in  their  articles  of  association,  shall  make 
a  map  and  profile  of  the  route  intended  to  be  adopted  by 
such  company ;  which  shall  be  certified  by  a  majority  of 
the  directors,  and  filed  in  the  office  of  the  clerk  of  such 
county,  for  the  inspection  and  examination  of  all  parties 
interested  therein. 

Powers  of     SEC.   13.    Every  such  corporation   shall  possess  the 
lon'  general  powers  and  be  subject  to  the  liabilities  and  re- 
strictions expressed  in  the  special  powers  following,  that 
is  to  say : 

First. — To  cause  such  examination  and  surveys  for  the 
proposed  rail-road  to  be  made  as  may  be  necessary  to 
the  selection  of  the  most  advantageous  route  for  the  rail- 
road ;  and  for  such  purposes,  by  their  officers,  agents  and 
servants,  to  enter  upon  the  lands  or  waters  of  any  person, 
but  subject  to  responsibility  for  all  damages  which  they 
shall  do  thereto. 
Second. — To  receive,  hold  and  take  such  voluntary 


71 

grants  and  donations  of  real  estate  and  other  personal 
property  as  shall  be  made  to  it,  to  aid  in  the  construction, 
maintenance  and  accommodation  of  such  rail-road ;  but 
the  real  estate  thus  received  by  voluntary  grants  shall 
be  held  and  used  for  the  purposes  of  such  grants  only. 

Third. — To  purchase,  and,  by  voluntary  grants  and 
donations,  receive  and  take,  and  by  its  officers,  engineers 
and  surveyors,  and  agents,  enter  upon  and  take  possession 
of  and  hold,  and  use  all  such  lands  and  real  estate  and 
other  property  as  may  be  necessary  for  the  construction 
and  maintenance  of  its  rail-road  and  stations,  depots  and 
other  accommodations  necessary  to  accomplish  the  objects 
for  which  the  corporation  is  created ;  but  not  until  the 
compensation  to  be  made  therefor,  as  agreed  upon  by  the 
parties  or  ascertained  as  hereinafter  prescribed,  shall 
have  been  paid  to  the  owner  or  owners  thereof,  or  de- 
posited as  hereinafter  directed,  unless  the  consent  of  such 
owner  be  given  to  enter  into  possession. 

Fourth. — To  lay  out  its  road,  not  exceeding  six  rods 
wide,  and  to  construct  the  same  :  and  for  the  purposes-  of 
cuttings,  embankments  and  procuring  stone  and  gravel, 
may  take  as  much  more  land,  within  the  limits  of  its 
charter,  in  the  manner  provided  hereinafter,  as  may  be 
necessary  for  the  proper  construction  and  security  of  the 
road. 

Fifth. — To  construct  their  road  upon  or  across  any 
stream  of  water,  water-course,  road,  highway,  rail-road 
or  canal,  so  as  not  to  interfere  with  the  free  use  of  the 
same,  which  the  route  of  its  road  shall  intersect,  in  such 
manner  as  to  afford  security  for  life  and  property ;  but  the 
corporation  shall  restore  the  stream  or  water-course,  road 
or  highway  thus  intersected  to  its  former  state,  or  in  a 
sufficient  manner  not  to  have  unnecessarily  impaired  its 
usefulness  or  injured  its  franchises. 

Sixth. — To  cross,  intersect,  join  and  unite  its  rail-road 
[with  any  other  rail-road]  before  constructed  at  any  point 
on  its  route,  and  upon  the  grounds  of  such  other  rail-road 
company,  with  the  necessary  turn-outs,  [sidings,  and 


72 

switches  and  other  conveniences,]  in  furtherance  of  the 
objects,  of  its  connections  ;  and  every  company  whose 
rail-road  is  or  shall  be  hereafter  intersected  by  any  new 
rail-road,  shall  unite  with  the  owners  of  such  new  rail- 
road in  forming  such  intersections  and  connections,  and 
grant  the  facilities  aforesaid  ;  and  if  the  two  corporations 
cannot  agree  upon  the  amount  of  compensation  to  be 
made  therefor,  or  the  points  or  manner  of  such  crossings 
and  connections,  the  same  shall  be  ascertained  and  de- 
termined by  commissioners,  to  be  appointed  as  is  provided 
hereinafter  in  respect  to  the  taking  of  lands ;  but  this 
section  is  not  to  affect  the  rights  or  franchises  heretofore 
granted. 

Seventh. — To  purchase  lands  or  take  them ;  may  change 
the  line  of  its  road  whenever  a  majority  of  the  directors 
shall  so  determine,  as  is  provided  hereinafter;  but  no 
such  change  shall  vary  the  general  route  of  such  road. 

Eighth. — To  take,  transport,  carry  and  convey  persons 
and  property  on  their  rail-road  by  the  force  and  power 
of  steam,  of  animals  or  any  mechanical  power,  or  by  any 
combination  of  them ;  and  receive  tolls  or  compensation 
therefor. 

Ninth. — To  erect  and  maintain  all  necessary  and  con- 
venient buildings,  stations,  depots,  and  fixtures,  and 
machinery  for  the  accommodation  and  use  of  their  pas- 
sengers, freight  and  business,  and  obtain  and  hold  the 
lands  necessary  therefor. 

Tenth. — To  regulate  the  time  and  manner  in  which 
passengers  and  property  shall  be  transported,  and  the  tolls 
and  compensation  to  be  paid  therefor. 

SEC.  14.  In  case  any  company  formed  under  this  act  is 
unable  to  agree  for  the  purchase  of  any  real  estate,  in  any 
county,  required  fgr  the  construction  of  the  track,  turn- 
outs and  water  stations,  it  shall  have  the  right  to  acquire 
the  title  to  the  same  in  the  manner  and  by  the  special 
proceedings  prescribed  in  this  act. 

SEC.  15.  Such  company  is  hereby  authorized  to  enter 
upon  any  land  for  the  purpose  of  examining  and  survey- 


73 

insr  its  rail-road  line,  and  may  appropriate  so  much 

J  r.  tion  of  lands 

thereof  as  may  be  deemed  necessary  for  its  rail-road,  in- for , use  °/ 

J  '         road,       and 

eluding  necessary  side-tracks  and  water  stations,  materials  damages 

•*  therefor. 

for  constructing,  except  timber,  a  right  of  way  over  adja- 
cent lands,,  sufficient  to  enable  such  company  to  construct 
and  repair  its  road,  and  a  right  to  conduct  water  by 
aqueducts,  and  the  right  of  making  proper  drains.  The 
corporation  shall  forthwith  deposit  with  the  clerk  of  the 
circuit  or  other  court  of  record  of  the  county  where  the 
land  lies,  a  description  of  the  rights  and  interests  intended 
to  be  appropriated,  and  such  land,  rights  and  interests 
shall  belong  to  such  company,  to  use  for  the  purpose 
specified,  by  making  or  tendering  payment  as  hereinafter 
provided.-  The  corporation  may,  by  its  directors,  pur- 
chase any  such  lands,  materials,  right  of  way  or  interest 
of  the  owner  of  such  land ;  or,  in  case  the  same  is  owned  by 
a  person  insane  or  an  infant,  at  a  price  to  be  agreed  upon 
by  the  regularly  constituted  guardian  or  parent  of  said 
insane  person  or  infant,  if  the  same  shall  be  appraised  by 
the  court  in  which  the  description  aforesaid  shall  be  filed ; 
and  on  such  agreement  and  approval,  the  owner,  guar- 
dian or  parent,  as  the  case  may  be,  shall  convey  the  said 
premises  so  purchased,  in  fee  simple  or  otherwise,  as  the 
parties  may  agree,  to  such  rail-road  company;  and  the 
deed,  when  made,  shall  be  deemed  valid  in  law.  If  the 
corporation  shall  not  agree  with  the  owner  of  the  land  or 
with  his  guardian,  if  the  owner  is  incapable  of  contracting 
touching  the  damages  sustained  by  such  appropriation, 
such  corporation  shall  deliver  to  such  owner  or  guardian, 
if  within  the  county,  a  copy  of  such  instrument  of  appro- 
priation. If  the  owner,  or  his  guardian,  in  case  such 
owner  is  incapable  of  contracting,  be  unknown  or  do  not 
reside  within  the  county,  such  corporation  shall  publish, 
in  some  newspaper  of  general  circulation  in  the  county, 
for  the  term  of  three  weeks,  an  advertisement,  reciting 
the  substance  of  such  instrument  of  appropriation.  Upon 
fixing  such  act  of  appropriation  and  delivery  of  such 
copy,  or  making  such  publication,  the  circuit  court  or 


74 

other  court  of  record  in  the  county  where  the  land  lies, 
or  any  judge  thereof  in  vacation,  upon  the  application  of 
either  party,  shall  appoint  by  warrant  three  disinterested 
freeholders  of  such  county  to  appraise  the  damages  which 
the  owner  of  the  land  may  sustain  by  such  appropriation ; 
such  appraisers  shall  be  duly  sworn  ;  they  shall  consider 
the  injury  which  such  owner  may  sustain  by  reason  of 
such  rail-road,  and  shall  forthwith  return  their  assessment 
of  damages  to  the  clerk  of  such  court,  setting  forth  the 
value  of  the  property  taken,  or  injury  done  to  the  prop- 
erty, which  they  assess  to  the  owner  or  owners  separately, 
to  be  by  him  filed  and  recorded ;  and  thereupon  such 
corporation  shall  pay  to  said  clerk  the  amount  thus  as- 
sessed, or  tender  the  same  to  the  party  in  whose  favor 
the  damages  are  awarded  or  assessed ;  and  on  making 
payment  of  tender  thereof,  in  the  manner  herein  required, 
it  shall  be  lawful  for  such  corporation  to  hold  the  interests 
in  such  lands  or  materials  so  appropriated,  and  the  privi- 
lege of  using  any  materials  on  said  roadway  within  fifty 
feet  on  each  side  of  the  centre  of  such  roadway,  for  the  uses 
aforesaid.  The  cost  of  such  award  shall  be  paid  by  such 
company ;  and  on  notice  by  any  party  interested  and 
showing  said  proceedings,  the  court  may  order  payment 
thereof,  and  enforce  such  payment  by  execution.  The 
award  of  said  arbitrators  may  be  reviewed  by  the  circuit 
court  or  other  court  in  which  such  proceedings  may  be 
had,  on  written  exceptions  filed  by  either  party  in  the 
clerk's  office  within  ten  days  after  the  filing  of  such 
award,  and  the  court  shall  take  such  order  therein  as 
right  and  justice  may  require,  by  ordering  a  new  appraise- 
Proviso.  ment  on  good  cause  shown  :  Provided,  That  notwith- 
standing such  appeal,  such  company  may  take  possession 
of  the  property  therein  described  as  aforesaid,  and  the 
subsequent  proceedings  on  the  appeal  shall  only  affect 
the  amount  of  compensation  to  be  allowed ;  if  prior  to 
the  assessment,  the  corporation  shall  tender  to  such  owner, 
or  his  guardian,  if  he  be  unable  to  contract,  an  amount 
equal  to  the  award  afterwards  made,  exclusive  of  costs  ; 


75 

the  costs  of  arbitration  shall  be  paid  equally  by  such 
company  and  such  owner  or  guardian. 

SEC.  16.  If  there  are  adverse  or  conflicting  claimants       Money, 
to  the  money,  or  any  part  of  it,  to  be  paid  as  compensa-  ciaunants.  ° 
tion  for  the  real  estate  taken,  the  court  may  direct  the 
money  to  be  paid  into  the  said  court,  by  the  company,  or 
take  security  for  the  same  until  it  can  determine  who  is 
entitled  to  the  same ;  and  shall  direct  to  whom  the  same 
shall  be  paid ;  and  may,  in  its  discretion,  order  a  refer- 
ence to  ascertain  the  facts  on  which  such  determination 
and  order  are  to  be  made. 

SEC.  17.  The  court  shall  appoint  some  competent  attor-  Attorney 
ney  to  appear  for  and  protect  the  rights  of  any  party  in  p°artie8.QOT 
interest  who  is  unknown,  or  whose  residence  is  unknown, 
and  who  has  not  appeared  in  the  proceedings  by  an  at- 
torney or  agent ;  the  court  shall  also  have  power  at  any 
time  to  amend  any  defect  or  informality  in  any  of  the 
special  proceedings  authorized  by  this  act,  as  may  be  ne- 
cessary, or  to  cause  new  parties  to  be  added,  and  to  direct 
such  further  notice  to  be  given  to  any  party  in  interest 
as  it  deems  proper,  and  also  to  appoint  other  commission- 
ers in  the  place  of  any  who  shall  die,  or  refuse  or  neglect, 
or  are  unable  to  serve,  or  who  may  leave  or  be  absent 
from  the  state. 

SEC.  18.  At  any  time  after  an  attempt  to  acquire  title  Defective 
by  appraisal  of  damages,  or  otherwise,  if  it  shall  be  found  sion,  ic°.S5es 
that  the  title  thereby  attempted  to  be  acquired  is  defect- 
ive, the  company  may  proceed  anew  to  acquire  or  per- 
fect the  same,  in  the  same  manner  as  if  no  appraisal  had 
been  made  ;  and  at  any  stage  of  such  new  proceedings, 
the  court  may  authorize  the  corporation,  if  in  possession, 
to  continue  in  possession,  and  if  not  in  possession,  to 
take  possession  of  and  use  such  real  estate  during  the 
pendency  and  until  the  final  conclusion  of  such  new  pro- 
ceedings, and  may  stay  all  actions  and  proceedings 
against  the  company,  or  any  officer,  agent  or  workman  of 
such  company,  on  account  thereof,  on  such  company  pay- 


76 

ing  into  court  a  sufficient  sum,  as  the  court  may  direct, 
to  pay  the  compensation  therefor,  when  finally  ascertain- 
ed ;  and  in  every  such  case  the  party  interested  in  such 
real  estate  may  conduct  the  proceedings  to  a  conclusion, 
if  the  company  delays  or  omits  to  prosecute  the  same. 

May  bor-     SEC.  19.  Such  company  may  from  time  to  time  bor- 
row money.  in 

row  such  sums  ot  money  as  they  may  deem  necessary 
for  completing  or  operating  their  rail-road,  and  issue  and 
dispose  of  their  bonds  for  any  amounts  so  borrowed,  for 
such  sums  and  at  such  rate  of  interest  as  is  allowed  by 
the  laws  of  the  state  where  such  contract  is  made  ;  and 
mortgage  their  corporate  property  and  franchises  to  secure 
the  payment  of  any  debt  contracted  by  such  company ; 
and  the  directors  of  the  company  may  confer  on  any 
holder  of  any  bond  issued  for  money  borrowed  as  afore- 
said, the  right  to  convert  the  principal  due  or  owing 
thereon  into  stock  of  said  company,  at  any  time  not  ex- 
ceeding fifteen  years  from  the  date  of  said  bond,  under 
such  regulations  as  the  company  may  adopt ;  and  such 
company  may  sell  their  bonds  either  within  or  without 
this  state,  at  such  rates  and  prices  as  permitted  by  law  ; 
and  such  sales  shall  be  as  valid  as  if  such  bonds  should 
be  sold  at  par  value. 

Preferred  SEC.  20.  For  the  purpose  of  providing  means  for  the 
payment  of  its  debts  and  for  the  construction  of  its  road, 
materials  or  equipments,  such  company  may  issue  a  pre- 
ferred stock  to  an  amount  not  exceeding  one-half  of  the 
amount  of  its  capital,  with  such  priority  over  the  remain- 
ing stock  of  such  company,  in  the  payment  of  dividends, 
as  the  directors  of  such  company  may  determine,  and 
shall  be  approved  by  a  majority  of  the  stockholders. 
Line  of  SEC.  21.  If,  at  any  time  after  the  location  of  the  track 
aiteredi!ay  c  of  such  road,  in  whole  or  in  part,  and  the  filing  of  the 
map  thereof,  it  shall  appear  to  the  directors  of  such  com- 
pany that  the  line  thereof  may  be  improved,  such  direct- 
ors may  from  time  to  time,  alter  the  line,  and  cause  a 
new  map  to  be  filed  in  the  office  where  the  map  showing 
the  first  location  is  filed,  and  may  thereupon  take  posses- 


7T 

sion  of  the  lands  embraced  in  such  new  location  that  may 
be  required  for  the  construction  and  maintenance  of  such 
road  on  such  new  line,  either  by  agreement  with  the 
owner,  or  by  such  proceedings  as  are  authorized  under 
the  preceding  sections  of  this  act,  and  use  the  same  in 
place  of  the  line  for  which  the  new  is  substituted.     But 
nothing  in  this  act  shall  be  so  construed  as  to  confer  upon 
any  rail-road  company  already  incorporated,  any  power 
to  locate  its  road  on  any  route  which  would  not  have 
been  authorized   by  the  charters   previously  granted ; 
and  nothing  in  this  act  contained  shall  authorize  the  said 
company  to  make  a  location  of  their  track  within  any 
city  without  the  consent  of  the  common  council  of  said 
city ;  nor  shall  the  company  have  power  so  to  change 
their  road  as  to  avoid  any  point  named  in  their  articles 
of  association. 

SEC.  22.  "Whenever  the  track  of  such  rail-road  shall  when  tract 

-.-..-I  ,  i  i  •    i  i       crosses  high- 

CrOSS  a  road  or  highway,  such  road  or  highway,  may  be  way. 

carried  under  or  over  the .  track,  as  may  be  most  expe- 
dient; and  in  cases  where  an  embankment  or  cutting 
shall  make  a  change  in  the  line  of  such  road  or  highway 
desirable,  with  a  view  to  a  more  easy  ascent  or  descent, 
the  said  company  may  take  such  additional  lands  for  the 
construction  of  such  road  or  highway,  or  such  new  line, 
as  may  be  deemed  requisite  by  said  directors.  Unless 
the  lands  so  taken  shall  be  purchased  or  voluntarily  given 
for  the  purposes  aforesaid,  compensation  therefor  shall  be 
ascertained  in  the  manner  in  this  act  provided,  as  nearly 
as  may  be,  and  duly  made  by  such  corporation  to  the 
owners  and  persons  interested  in  such  lands  :  and  the 
same,  when  so  taken  and  compensation  made,  to  become 
part  of  such  intersecting  road  or  highway,  in  such  man- 
ner and  by  such  terms  as  the  adjacent  parts  of  such  high- 
way may  be  held  for  highway  purposes. 

SEC.  23.  If  any  corporation  shall,  for  its  purposes  afore-    Lands  be- 
said,  require  any  land  belonging  to  the  state,  or  to  any  upstate,  a 
county  or  town,  the  general  assembly  and  the  county  and  town.y 
town  officers  respectively,  having  charge  of  such  lands, 


78 

may  grant  such  lands  to  such  corporation  upon  such 
terms  as  shall  be  agreed  upon  ;  and  if  they  shall  not  so 
agree,  the  same  may  be  taken  by  the  corporation  in  the 
same  manner  as  provided  in  other  cases.  No  rail-road 
shall  be  located  upon  or  across  the  grounds  of  the  state 
occupied  by  the  institutions  of  the  insane,  blind  or  deaf 
and  dumb. 

conductors,  SEC.  24.  Every  conductor,  baggage-master,  engineer, 
badge.  brakeman  or  other  servant  of  any  such  rail-road  corpo- 
ration, employed  in  a  passenger  train,  or  at  stations  for 
passengers,  shall  wear  upon  his  hat  or  cap  a  badge,  which 
shall  indicate  his  office,  and  the  initial  letters  of  the  style 
of  the  corporation* by  which  he  is  employed.  No  collect- 
or or  conductor  without  such  badge,  shall  demand  or  be 
entitled  to  receive  from  any  passenger  any  fare,  toll  or 
ticket,  or  exercise  any  of  the  powers  of  his  office  ;  and 
no  other  of  said  officers  or  servants  without  such  badge; 
shall  have  any  authority  to  meddle  or  interfere  with  any 
passenger  or  property. 

Annual  re-  SEC.  25.  Every  such  corporation  shall  make  an  annual 
report  to  the  secretary  of  state,  of  the  operations  of  the 
year  ending  on  the  first  day  of  January ;  which  report 
shall  be  verified  by  the  oaths  of  the  treasurer  and  acting 
superintendent  of  operations,  and  filed  in  his  office  by 
the  tenth  day  of  January  in  each  year,  and  shall  state — 

First. — The  capital  stock  and  the  amount  actually 
paid  in. 

Second. — The  amount  expended  for  the  purchase  of 
lands  for  the  construction  of  the  road,  for  buildings,  and 
for  engines  and  cars  respectively. 

Third. — The  amount  and  nature  of  its  indebtedness, 
and  the  amounts  due  the  corporation. 

Fourth. — The  amount  received  for  the  transportation  of 
passengers,  of  property,  of  mails  and  from  other  sources. 

Fifth.  The  amount  of  freight,  specifying  the  quantity 
in  tons,  of  the  products  of  the  forest,  of  animals,  of  vege- 
table food,  other  agricultural  products,  manufactures, 
merchandise  and  other  articles. 


79 

Sixth. — The  amount  paid  for  repairs,  engines,  cars, 
buildings  and  salaries. 

Seventh. — The  number  and  amount  of  dividends,  and 
when  paid. 

Eighth. — The  number  of  engine  houses  and  shops,  of 
engines  and  cars,  and  their  character. 

Ninth. — The  number  of  miles  run  by  passenger,  freight 
and  other  trains,  respectively. 

SEC.  26.  The  state  shall  have  a  lien  upon  all  rail  roads   Lien  upon 

.  rail-roads  for 

of  such  corporations,  and  their  appurtenances  and  stock  taxes, 
therein,  for  all  penalties,  taxes  and  dues  which  may  • 
accrue  to  the  state  from  such  corporations,  which  lien  of 
the  state  shall  have  precedence  of  all  demands,  judgments 
or  decrees  against  said  corporations  ;  and  the  citizens  of 
this  state  shall  have  a  lien  upon  all  personal  property 
of  said  corporations,  to  the  amount  of  one  hundred  dol- 
lars, for  all  debts  originally  contracted  within  this  state, 
which,  after  said  lien  of  the  state,  shall  take  precedence 
of  all  other  debts,  demands,  judgments  or  decrees,  liens 
or  mortgages  against  such  corporations. 

SEC.  27.  Any  such  corporation  shall,  when  applied  to    TO  convey 
,      ,  .,      „  ,     TT  .     i u- s- mails- 

by  the  postmaster-general,  convey  the  mails  of  the  united 

States  on  their  road  ;  and  in  case  such  corporation  shall 
not  agree  to  the  rates  of  transportation  thereof,  and  as  to 
time,  rate  of  speed,  manner  and  condition  of  carrying  the 
same,  the  governor  of  this  state  may  appoint  three  com- 
missioners, who,  or  a  majority  of  them,  after  fifteen  days' 
notice  in  writing  of  the  time  and  place  of  meeting,  to  the 
corporation,  shall  determine  and  fix  the  prices,  times  and 
conditions  aforesaid  ;  but  such  prices  shall  not  be  less  for 
conveying  said  mails  in  the  regular  passenger  trains  than 
the  amount  which  said  corporation  would  receive  as 
freight  on  a  like  weight  of  merchandise  transported  in 
their  merchandise  trains,  and  a  fair  compensation  for  the 
post-office  car.  And  in  case  the  postmaster-general 
shall  require  the  mail  to  be  carried  at  other  hours,  and  at 
a  higher  speed  than  the  passenger  trains  are  run,  the 


80 

corporation  shall  furnish  an  extra  train  for  the  mail,  and 
be  allowed  an  extra  compensation  therefor. 

SEC.  28.  If  any  passenger  shall  refuse  to  pay  his  fare 
or  toll,  the  conductor  of  the  train  and  the  servants  of 
the  corporation  may  put  him  out  of  the  cars  at  any  usual 
stopping  place. 

cars  to  run     SEC.  29.  Every  such  corporation  shall  start  and   run 
their  cars  for  the  transportation  of  persons  and  property 
at  regular  times,  to  be  fixed  by  public  notice,  and  shall 
furnish  sufficient  accommodation  for  the  transportation  of 
all  such  passengers  and  property  as  shall,  within  a  rea- 
sonable time   previous  thereto,   offer  or  be  offered  for 
transportation,  at  the  place  of  starting,  and  the  junctions 
of  other  rail-roads,  and  at  siding  and  stopping  places, 
established  for  receiving  and  discharging  way  passengers 
and  freight,  and  shall  take,  transport  and  discharge  such 
passengers  and  property  at,  from  and  to  such  places,  on 
the  due  payment  of  tolls,  freight  or  fare  therefor. 
Damages  in     SEC.  30.  In  case  of  the  refusal,  by  such  corporations 
saT  to  tefke  or  their  agents,  so  to  take  and  transport  any  passenger  or 
passengers,  pr0per^V)  or  to  deliver  the  same  at  the  regular  appointed 
place,  such  corporation  shall  pay  to  the  party  aggrieved 
all  damages  which  shall  be  sustained  thereby,  with  costs 
of  suit. 
Passenger     SEC.  31.  In  forming  a  passenger  train,  baggage,   or 

and     freight  i     11  i.    v 

trains  to  be  freight,  or  merchandise,   or  lumber  cars  snail  not   be 

separate.  °      '.  ,  ,, 

placed  m  rear  of  passenger  cars ;  and  if  they,  or  any  of 
them  shall  be  so  placed,  and  any  accident  shall  happen 
to  life  or  limb,  the  officer  or  agent  who  so  directed  or 
knowingly  suffered  such  arrangement,  and  the  conductor 
or  engineer  of  the  train,  shall  each  and  all  be  held  guilty 
of  intentionally  causing  the  injury,  and  be  punished  ac- 
cordingly. 

NO  dama-     SEC.  32.  In  case  any  passenger  on  any  rail-road  shall 

iiesfto  'pas^be  injured  on  the  platform  of  a  car,  or  on  any  baggage, 

toting raies.0"  wood  or  freight  car,  in  violation  of  the  printed  regulations 

of  the  company,  posted  up  at  the  time  in  a  conspicuous 

place  inside  of  its  passenger  cars,  then  in  the  train,  such 


81 

company  shall  not  be  liable  for  the  injury :  Provided, 
Said  company  at  the  time  furnished  room  inside  its  pas- 
senger cars  sufficient  for  the  proper  accommodation  of 
its  passengers. 

SEC.  33.  Every  corporation  shall,  within  a  reasonable    Map  and 

i     i  i  j      Piffle        of 

time  after  their  road  shall  be  located,  cause  to  be  made,  road. 

First. — A  map  and  profile  thereof,  and  of  the  land 
taken  and  obtained  for  the  use  thereof,  and  file  the  same 
in  the  office  of  the  secretary  of  state,  and  also  like  maps 
of  the  parts  thereof  located  in  different  counties,  and  file 
the  same  in  the  office  of  the  clerk  of  the  county  in  which 
said  parts  of  said  road  shall  be,  there  to  remain  as  of  re- 
cord forever. 

Second. — A  certificate  specifying  the  line  upon  which  it 
is  proposed  to  construct  the  rail-road,  and  the  grades  and 
curves. 

SEC.  34  If   any    such  corporation  shall    not,  within  When  act  of 
three  years  after  its  incorporation,  begin  the  construction  uon^tcHxj 
of  its  road,  and  expend  thereon  five  per  centum  on  the  v° 
amount  of  its  capital,  and  finish  the  road,  and  put  it  in 
full  operation  in  ten  years  thereafter,  its  act  of  incorpo- 
ration shall  become  void. 

SEC.  35.  Rail-road  companies  may  increase  the  amount  companies 
of  their  capital  stock  by  filing  in  the  office  of  the  secre-  theyiamou^t 
tary  of  state  a  certificate,  stating  the  amount  of  such  de-  w'stoc'k!81'1* 
sired  increase,  and  the  reasons  or  necessity  for  the  same, 
signed  by  the  president  and  a  majority  of  the  directors, 
and  attested  by  the  secretary  and  seal  of  such  company, 

SEC.  36.  All  existing  rail-road  companies  may  acquire      Existing 
all  of  the  powers  or  benefits  conferred  by  this  act,  bymaypcompiy 
filing  an  acceptance  thereof  in  the  office  of  the  secretary 
of  state,  properly  attested  as  the  corporate  act  of  such 
company ;  and  the  acceptance  of  any  part  of  this  act  shall 
be  deemed  and  taken  to  be  an  acceptance  of  the  whole 
act,  and  a  surrender  of  the  act  under  which  such  com- 
pany may  be  organized  ;  thereupon  such  company  shall 
possess  such  powers,  so  accepted,  and  be  subject  to 

6 


82 

the  obligations  and  restrictions  herein  specified,  as 
fully  as  they  would  have  had  and  been  if  organized  under 
this  act. 

SEC.  37.  This  act  may  be  amended  or  repealed  at  the 
discretion  of  the  legislature. 

individual  SEC.  38.  The  stockholders  shall  be  individually  liable 
for  all  labor  done  in  the  construction  of  said  road  that 
shall  remain  unpaid  after  the  assets  of  the  corporation 
shall  have  been  exhausted. 

Approved  May  11,  1852. 


AN  ACT 

TO  PREVENT  THE  DESTRUCTION  OF,  OB  INJURY  OF  ANIMALS, 
AND  THE  DESTRUCTION  OF  HUMAN  LIFE  BY  RAIL-ROADS, 
'AND  TO  PROVIDE  COMPENSATION  FOR  THE  SAME. 

Vaiueofan-     SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

o™araii-road!  State  of  Indiana,  That  whenever  any  animal  or  animals 

eredVithout shall  be  killed  or  injured  by  the  cars  or  locomotives,  or 

ligenfce!neg"  other  carriages  used  on  any  rail-road  in  this  state,  the 

Eepeaied.  owner  of  such  animal  or  animals  may  recover  the  value 

thereof  in  an  action  against  said  company,  without  proof 

of  negligence  or  wilful  misconduct  on  the  part  of  officers 

or  servants  of  such  company. 

otherwise.     SEC.  2.  The  preceding  section  shall  not  apply  to  any 

kneed*,     "accident  occurring  on  any  portion  of  said  road  as  may 

Repealed,  be  securely  fenced  in,  and  such  fence  properly  maintained 

by  such  company. 
Damages  to     SEC.  3.  Whenever  any  person  shall  die  from  anyiniury 

be  recovered 

in  case    ofresulting  from  the  negligence  or  unskilfulness  of  any  of 

death  of  any 

person  from  the  officers  or  servants  of  any  rail-road  company  in  this 

negligence,  ../.,.  .  , 

&c.  state,  or  to  the  insufficiency  of,  or  defect  in,  such  road  or 

bridges  thereof,  or  the  cars  or  locomotives  thereon,  such 
company  shall  be  liable  in  damages  to  the  wife,  or  if 
there  be  no  wife,  or  if  she  shall  fail  for  three  months  after 


83 

such  death  to  prosecute,  then  to  the  minor  child  or  chil- 
dren of  such  deceased;  or  if  such  deceased  be  a  female, 
then  to  the  husband,  or  if  there  be  no  husband,  or  he 
shall  fail  for  three  months  to  prosecute,  then  to  the  minor 
child  or  children  of  such  deceased  ;  or  if  such  deceased 
be  a  minor,  and  unmarried,  then  to  the  father,  or  if  there 
be  no  father,  to  the  mother  of  such  deceased. 

SEC.  4.  There  being  no  laws  now  in  existence  author-  Emergency, 
izing  actions  in  the  preceding  cases,  it  is  declared  that 
an  emergency  exists  requiring  the  immediate  taking  ef- 
fect of  this  law ;  and  the  same  is  declared  to  be  in  effect 
from  and  after  its  passage. 

Approved  May  11,  1852. 


GEXEKAL  PKOVISIONS 

IN   KELATION   TO   KAIL-BOAD   COMPANIES. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of 
/State  of  Indiana,  That  it  shall  be  lawful  for  two  or  more 
rail-road  companies,  running  rail-roads  to  the  same  tov/n 
or  city,  to  locate,  construct,  keep  up,  repair  and  use  a 
common  or  union  rail-road  of  one  or  more  tracks,  con- 
necting the  rail  roads  of  such  companies  for  business  pur- 
poses. 

SEC.  2.  Such  companies  as  shall  enter  into  such  union  Name,&c.. 

,  ».  .     .        . ,  /.of  such  road 

arrangements,  or  may  hereafter  enter  into  the  same,  for  to  be  record- 
the  purpose  of  constructing  such  union  roads,  shall,  by  of '  compa- 
resolution  of  their  respective  boards,  adopt  a  name  there- 
for ;  and  shall  cause  such  name,  with  the  length  and  ter- 
mini thereof  to  be  recorded  in  the  recorder's  office  of  the 
county  in  which  such  union  road  may  be  located  ;  and 
thereafter  such  companies  may  contract  and  be  contracted 
with,  sue  and  be  sued  for  any  matters  relating  to  such 
union*  road  by  such  name,  and  shall  have  full  power  by 
such  organization  to  locate,  construct,  keep  up,  change 
and  repair  such  union  road,  and  to  take  releases  of  the 


84 

right  of  way,  and  to  condemn  so  much  land  as  may  be 
necessary  for  the  construction  of  such  union  road,  and  to 
use  and  regulate  the  same. 
Presidents     SEC.  3.  The  presidents  of  all  the  rail-road  companies 

of  companies  ....'.  i  •    i. 

to  be  board  entering  into  such  union  arrangements  as  are  herembe- 

forsuch  road.  ,,  •  t     i       t     it  /»..«  i  .          ••  if 

Powers  of  lore  provided,  shall  ex  officio  form  the  union  boards  tor 
the  transaction  of  all  matters  relating  to  such  union  roads. 
They  shall  keep  a  record  of  their  proceedings,  which  shall 
at  all  times  be  open  to  the  examination  of  the  stockhold- 
ers and  directors  of  such  companies.  They  shall  have 
power  in  the  name  of  such  union  road  to  pass  all  by-laws, 
not  inconsistent  with  the  charters  or  laws  organizing  their 
several  roads,  for  the  government  of  such  boards,  and  the 
regulation  of  such  union  roads,  and  the  business  thereof. 

condemn*.     SEC.  4.  Whenever  it  shall  become  necessary  to  con- 

of  way.riahtdemn  the  right  of  way  for  the  use  of  such  union  roads, 
the  same  may  be  done  in  the  name  of  such  union  boards, 
under  the  provisions  of  any  of  the  charters  of  the  com- 
panies or  laws  under  which  they  were  organized,  forming 
Proviso,  such  union  roads :  Provided,  That  in  estimating  damages 
for  such  right  of  way,  the  advantages  to  such  person  or 
persons  owning  the  property  sought  to  be  condemned,  by 
the  construction  of  such  road  or  roads,  shall  not  be  taken 
into  consideration. 

companies     SEC.  5.  Such  union  companies,  when  so  formed,  shall 

e'  be  jointly  liable  to  the  public ;  and  all  persons  contracting 

with  the  union  boards,  for  all  contracts  and  damages,  and 

as  between  themselves,  shall  be  liable  in  the  proportion 

of  the  interests  of  each  company  in  the  union  road  or 

property. 

other  com-     SEC.  6.  It  may  be  lawful  for  any  other  rail-road  com- 

ellter8  Tntopany  not  originally  concerned  in  the  formation  or  con- 
struction of  such  union  roads,  to  thereafter  enter  and 
take  such  an  interest  in  the  same,  in  such  manner  and 
upon  such  terms  as  may  be  agreed  upon  by  the  parties ; 
and  companies  so  entering  into  such  union  shall  have  all 
the  rights  and  privileges  conferred  thereon,  by  the  pro- 
visions of  this  act 


85 
SEC.  7.  All  laws  in  force  in  this  state,  or  which  may    What  laws 

•U-L  /»./.  /»         i  •  /»        M  J         11  applicable  to 

be  nerealter  in  force  lor  the  protection  ot  rail-roads,  all  union  roads, 
the  property  of  rail-road  companies,  and  the  charters  of 
the  several  companies  or  laws  organizing  the  same,  en- 
tering into  such  union  arrangements,  shall  be  applicable 
to  such  union  roads  as  may  be  or  shall  have  been  con- 
structed under  this  act. 

SEC.  8.  All  rail-road  companies,  incorporated  under     Bridging 
any  law  of  this  state,  who  are  authorized  to  construct  their  streams. e 
roads  to  points  beyond  any  navigable  stream,  are  hereby 
authorized  to  cross  such  streams  upon  bridges :  Provided,   Proviso. 
Such  bridges  do  not  obstruct  the  free  navigation  thereof : 
And  provided,  further ,  That  all  rail-road  companies  are 
hereby  prohibited  from  charging  or  receiving  tolls  from 
persons  who  may  cross  on  any  bridge  erected  by  any 
such  company  over  any  stream,  over  which  any  toll- 
bridge  has  been  erected,  or  ferry  established  within  eighty 
rods  of  the  place  at  which  such  rail-road  bridge  has  been 
or  may  be  hereafter  erected. 

SEC.  9.  It  shall  be  lawful  for  any  rail-road  company,  atmac°^P^ 
a  regular  or  called  meeting:  of  the  stockholders  thereof,  number  of  iu 

directors. 

by  a  majority  vote  in  interest  represented  at  such  meet- 
ing, either  in  person  or  by  proxy,  to  determine  the  num- 
ber of  directors  of  such  company,  and  reduce  the  number 
to  not  less  than  seven,  or  increase  the  same  to  not  more 
than  thirteen,  as  such  meeting  shall  deem  proper;  the 
proceedings  of  such  meeting  shall  be  certified  by  three 
or  more  stockholders  present,  to  the  secretary  of  such 
company,  who  shall  record  the  same  in  the  proper  books 
of  the  company,  and  thereafter  the  number  of  directors 
shall  be  the  number  fixed  upon  by  resolution  of  such 
meeting. 

SEC.  10.  The  stockholders  of  the  several  companies  that    individual 
shall  avail  themselves  of  the  benefits  of  this  act,  shall  be  stockholders, 
individually  liable  for  all  debts  due  for  labor  done  on 
such  union  tracks  or  depots,  that  shall  not  be  paid  for  by 
their  respective  companies  in  their  corporate  capacity 
when  due. 


86 

SEC.  11.  At  least  thirty  days'  notice  shall  be  given  in 
the  manner  required  by  the  law  under  which  such  com- 
pany was  organized,  for  the  election  of  directors  thereof, 
of  a  meeting  of  the  stockholders  to  take  into  consideration 
the  propriety  of  reducing  or  otherwise  changing  the 
number  of  directors  in  such  company,  and  to  make  such 
reduction  or  change  if  it  shall  be  adjudged  the  interests 
of  the  company  require  it. 

Approved  June  15,  1852. 


AN  ACT 

TO  AUTHOKIZE  KAIL-ROAD  COMPANIES  TO  INCREASE  THE  AMOUNT 
OF  THEIR  CAPITAL  STOCK  AND  TO  INCREASE  THE  NUMBER  OF 
THEIR  DIRECTORS. 

HOW  com-  SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
ele^sto^'.Sfate  of  Indiana,  That  whenever  any  rail-road  company 
which  may  have  been  incorporated  with  a  fixed  amount 
or  limitation  of  capital,  or  which  may  hereafter  be  or- 
ganized, shall  find  it  necessary  to  increase  the  same  for 
the  building,  repair,  equipment  or  conducting  of  their 
road,  it  shall  be  lawful  for  such  company,  by  a  vote  of 
its  board  of  directors,  from  time  to  time,  to  increase  their 
capital  stock  to  any  amount  by  said  board  of  directors 
deemed  necessary,  not  to  exceed  the  sum  of  $15,000  a 
mile  exclusively  for  rail-road  purposes,  inclusive  of  their 
original  capital,  for  the  purposes  aforesaid. 
May  deter-  SEC.  2.  The  stockholders  of  any  rail-road  company 
heretofore  incorporated  in  this  state,  or  that  may  be  here- 
after incorporated,  may,  by  the  vote  of  a  majority  in  in- 
terest of  the  stockholders  of  such  company,  at  any  annual 
or  other  meeting  thereof,  determine  that  the  directors  of 
said  company  shall  consist  of  any  number,  not  less  than 
five  nor  more  than  thirteen,  who  shall  be  chosen  from 
any  of  the  stockholders  ;  and  thereafter  such  company 


8T 

may  elect  from  any  of  their  stockholders  the  number  of 
directors  they  have  fixed  and  determined  upon  as  afore- 
said, in  the  same  manner  and  with  the  same  eifect  as  if 
this  section  was  contained  in  the  original  act  incorporating 
such  company. 

Approved  June  17,  1852. 


AN  ACT 

TO  AUTHORIZE  TWO  OR  MORE  RAIL-ROAD  COMPANIES  TO  ASSDME 
A  COMMON  NAME,  AND  TO  SUE  AND  BE  SUED,  CONTRACT  AND 
BE  CONTRACTED  WITH,  AND  PROSECUTE  THEIR  BUSINESS 
UNDER  SUCH  COMMON  NAME. 

SEC.  1.  Be  it  enacted  5y  the  General  Assembly  of  the     HOW  two 

47    "  or  more  rail- 

State  of  Indiana,  That  whenever  two  or  more  rail-road  r9ad  comPa- 

•'  '  mes  may  as- 

companies  have  heretofore  become  associated,  or  shall 8ume  a  com- 

mon  name. 

hereafter  become  associated  in  jointly  making  or  running 
their  roads  under  any  contracts  formed  or  to  be  formed 
by  such  companies,  and  desire  to  assume  one  common 
name,  it  shall  and  may  be  lawful  for  such  companies,  by 
resolution  of  their  respective  boards  of  directors,  entered 
upon  their  records,  to  adopt  such  name  as  shall  be  agreed 
upon. 

SEC.  2.  It  shall  be  the  duty  of  said  companies,  upon  the    Becord  of 
adoption  of  such  common  name,  to  cause  a  copy  of  the1*' 
resolution  of  such  boards  to  be  recorded  in  the  recorder's 
office  of  the  different  counties  through  which  the  road  of 
said  companies  may  run  or  be  located ;  and  thereafter, 
during  the  term  of  such  association,  such  companies  may 
have  and  use  a  common  seal,  contract  and  be  contracted 
with,  sue  and  be  sued  by  such  adopted  name,  in  any  and      May  »ue 
all  matters  relating  to  such  union  road,  and  shall  have  an 
full  power  by  such  association  to  locate,  construct,  keep 
up,  change,  repair  and  operate  such  union  road,  as  by 
their  respective  charters  and  amendments  to  such  char- 


88 

Proviso,  ters  they  are  allowed  to  do :  Provided,,  however,  That 
nothing  herein  contained  shall  be  construed  to  abridge 
such  companies  of  any  of  the  powers  and  franchises  be- 
longing to  them  by  their  respective  acts  of  incorporation 
and  amendments  to  such  acts  :  And  provided,  further, 
That  nothing  herein  contained  shall  be  construed  to  pre- 
vent said  companies  from  sueing  and  being  sued  in  their 
original  corporate  names,  for  all  rights  accrued  and  for 
all  liabilities  incurred  before  the  adoption  of  such  com- 
mon name. 

Emergency.     SEC.  3.  It  is  hereby  declared  that  an  emergency  exists 
for  the  immediate  taking  effect  of  this  act ;  therefore,  be 
it  further  enacted,  that  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 
Approved  January  25,  1853. 


AN  ACT 

TO  AUTHORIZE  RAIL-ROAD  COMPANIES  TO  CONSOLIDATE  THEIR 
STOCK  WITH  THE  STOCK  OF  RAIL-ROAD  COMPANIES  IN  THIS  OR 
IN  AN  ADJOINING  STATE,  AND  TO  CONNECT  THEIR  ROADS  WITH 
THE  ROADS  OF  SAID  COMPANIES,  AND  TO  AUTHORIZE  RAIL- 
ROAD COMPANIES  TO  CONSTRUCT  THEIR  ROADS  ON  THE  ROUTES 
WHICH  THEY  MAY  HAVE  HERETOFORE  SURVEYED  AND  XO- 
CATED,  AND  TO  USE  AND  OCCUPY  THE  SAME  WHEN  COM- 
PLETED. 

companies     SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
date  c™with  State  of  Indiana,  That  any  rail-road  company  heretofore 


organized,  under  the  general  or  special  laws  of  the  state, 

of  the  state.      -V,,    ,  ,,  ..  .    .  ,          .,       .,     . 

shall  have  the  power  to  intersect,  join  and  unite  their 
rail-road  with  any  other  rail-road  constructed  or  in  pro- 
gress of  construction  in  this  state,  or  in  any  adjoining 
state,  at  such  point  on  the  state  line,  or  at  any  other 
point  as  may  be  mutually  agreed  upon  by  said  compa- 
nies; and  such  rail-road  companies  are  authorized  to 


89 

merge  and  consolidate  the  stock  of  the  respective  com- 
panies, making  one  joint-stock  company  of  the  two  rail- 
roads thus  connected,  upon  such  terms  as  may  be  by  them 
mutually  agreed  upon,  in  accordance  with  the  laws  of 
the  adjoining  state  with  whose  road  or  roads  connections 
are  thus  formed  :  Provided,  Their  charters  authorize  said  proviso, 
rail-road  to  go  to  the  state  line,  or  to  such  point  of  inter- 
section. 

SEC.  2.  That  any  rail-road  company  heretofore  organ-of^n!?oad" 
ized,  or  which  may  hereafter  be  organized  under  the  through  oth- 

J  er  states. 

general  or  special  laws  of  this  state,  for  the  purpose  of 
constructing  a  rail-road  from  any  point  within  this  state 
to  the  boundary  line  thereof,  is  hereby  empowered  to 
extend  said  rail-road  into  or  through  any  other  state  or 
states,  under  such  regulations  as  may  be  prescribed  by 
the  laws  of  such  state  or  states,  into  or  through  which 
said  road  may  be  so  extended,  and  the  rights  and  privi- 
leges of  said  company  over  said  extension  in  the  construc- 
tion and  use  of  said  rail-road,  for  the  benefit  of  such  com- 
pany in  controlling  and  applying  the  assets  of  such  com- 
pany, shall  be  the  same  as  if  their  rail-roads  had  been 
constructed  wholly  within  the  state. 

SEC.  3.  That  any  rail-road  company  heretofore  organ-     power  to 
ized,  or  which  may  hereafter  be  organized  under  the  contract  with 
general  or  special  laws  of  this  state,  and  which  may  have  other  states. 
constructed  or  commenced  the  construction  of  their  road 
so  as  to  meet  and  connect  with  any  other  rail-road  in  an 
adjoining  state  at  the  boundary  line  of  this  state,  shall 
have  the  power  to  make  such  contracts  and  agreements 
with  any  such  road  constructed  in  an  adjoining  state,  for 
the  transportation  of  freight  and  passengers,  or  for  the 
use  of  its  said  road,  as  to  the  board  of  directors  may  seem 
proper. 

SEC.  4.  No  rail-road  company,  incorporated  or  organized    Privileges 

,  .    ,      ,  i  IT  i     •>•,   •  not  forfeited. 

by  special  charter,  or  under  a  general  law,  shall  incur  a 
forfeiture  of  any  of  its  corporate  privileges  by  reason  of 
its  having  heretofore  failed  to  elect  directors  within  the 
time  prescribed  by  its  charter  or  said  law,  or  on  account 


90 

of  a  misnomer  of  said  company  in  any  publication  of  notice, 
or  for  a  failure  to  complete  the  work  within  the  desig- 
nated period  ;  but  all  said  companies,  so  incorporated  as 
aforesaid,  shall  have  full  power  and  lawful  authority  to 
power  to  construct  and  complete,  within  five  years  herefrom,  their 

w^inTe  roads  over  the  routes  which  they  may  have  hitherto  re- 
spectively surveyed  and  located ;  and  whenever  any  rail- 
road company  shall  have  surveyed  and  located  a  route 
for  a  road, 'and  commenced  the  construction  of  the  same, 

*  they  shall  have  full  right  and  authority  to  complete  said 

Proviso,   road,  and  to  use  and  occupy  the  same  :  Provided,  That 

nothing  herein  contained  shall  be  construed  to  extend  to 

any  companies,  under  special  charters,  except  such  as 

are  now  organized  and  have  actually  constructed  some 

portion  of  said  rail-road. 

Prohibiiion     SEC.  5.  It  is  provided,  however,  and  is  hereby  expressly 

in  a  certain  ,,  -,.-,.  .,  -,  .  .     i   •       ,1  • 

case.  declared,  that  no  rail-road  company  incorporated  m  this 
state,  the  terminus  of  whose  road  is  at  or  within  two 
miles  of  any  city  or  towns  on  the  Ohio  river,  shall  con- 
solidate its  stock  with  that  of  any  other  company  on  the 
opposite  side  of  said  river,  nor  shall  run  or  construct  its 
road  along  or  across  the  streets  of  said  town  or  city,  with- 
out the  consent  of  the  corporate  authorities  of  said  town 
Proviso,  or  city  being  in  each  case  thereunto  obtained  :  Provided, 
That  this  proviso  shall  not  apply  to  or  affect  in  any 
manner  whatever,  the  rights  or  liabilities  of  any  company 
constructing  any  road  whose  terminus  is  a  city  or  town 
situate  within  two  miles  of  the  line  between  this  state 
and  the  state  of  Ohio. 
Not  to  re-  SEC.  6.  Nothing  in  this  act  shall  be  construed  to  repeal 

peal    certain  „,  .  ,  ,  .   .  ,, 

act.  or  anect,  in  any  manner  whatever,  the  provisions  or  an 

act  entitled  "  An  act  supplemental  to  an  act  entitled  an 
act  to  provide  for  the  incorporation  of  rail-road  compa- 
nies," approved  June  18,  1852. 

Emergency.  SEC.  7.  Whereas  an  emergency  exists  for  the  passage 
of  this  act,  the  same  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  23,  1853. 


91 


AN  ACT 


TO  PROVIDE  COMPENSATION  TO  THE  OWNERS  OF  ANIMALS 
KILLED  OR  INJURED  BY  THE  CARS,  LOCOMOTIVES  OR  OTHER 
CARRIAGES  OF  ANY  RAIL-ROAD  COMPANY  IN  THIS  STATE. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the  owner  may 
State  of  Indiana,  That  whenever  any  animal  or  animals  when    am- 

ini         i-ni  ••  i-i  i  •  mals  are  kill- 

Shall  be  killed  or  iniured  by  the  cars,  locomotives  ored  by  cars 

i  '     •••  -i  •  or     locomo- 

other  carriages  used  on  any  rail-road  in.  this  state,  the  tives. 
owner  thereof  may  go  before  some  justice  of  the  peace 
of  the  county  in  which  such  injury  occurred,  and  file  his 
complaint  in  writing,  and  such  justice  shall  fix  a  day  to 
hear  said  complaint,  and  shall  cause  at  least  ten  days'  no- 
tice to  be  served  on  the  rail-road  company  defendant,  by 
service  of  summons  by  copy  on  any  conductor  of  any    service  of 
train  passing  through  said  county. 

SEC.  2.  On  the  hearing  of  said  cause,  the  justice  or  piamtiffto 
jury  trying  the  same  shall  give  judgment  for  the  plaintiff  ™mleof  the 
for  the  value  of  the  animal  destroyed  or  injury  inflicted,  oIitTegarci to 
without  regard  to  the  question  whether  such  injury  or  negligence.0 
destruction  was  the  result  of  wilful  misconduct  or  negli- 
gence, or  the  result  of  unavoidable  accident. 

SEC.  3.  If  the  defendant  shall  appeal  from  such  judg-     Appeal— 
ment,  and  shall  not  reduce  the  damages  assessed  twenty 
per  cent.,  the  appellate  court  shall  give  judgment  for 
double  the  amount  of  damages  assessed  in  such  appellate 
court,  and  a  docket  fee  of  five  dollars. 

SEC.  4.  This  act  shall  not  apply  to   any  rail-road  se-  NOI  to  apply 
curely  fenced  in,  and  such  fence  properly  maintained  by  l°Cimviy0a' 

i  fenced  in. 

such  company. 

SEC.  5.  Sections  one  and  two  of  an  act  entitled  "  An 
act  to  prevent  the  destruction  or  injury  of  animals  and 
the  destruction  of  human  life  by  rail-roads,  and  to  pro- 
vide compensation  for  the  same,"  approved  May  11, 


92 

Not  to  affect  1852,  are  hereby  repealed,  but  such  repeal  shall  not  af- 

former      ac-  .  r 

tions.         iect  any  action  instituted  to  recover  damages  by  virtue 
of  said  sections. 
Approved  March  1,  1853. 


AN  ACT 

PROVIDING  FOR  SERVING  PROCESS  UPON  THE  OFFICERS,  DI- 
RECTORS, ATTORNEYS  OR  AGENTS  OF  ANY  RAIL-ROAD  COM- 
PANY. 

upon  whom     SEC.  1.  Be  it  enacted  Jni  the  General  Assembly  of  the 

process  may  " 

be  served.  State  of  Indiana,  That  all  writs,  warrants  or  other  pro- 
cess issued  or  to  be  issued  from  any  court  of  competent 
jurisdiction  in  this  state  against  the  president  of  any  rail- 
road company,  whose  principal  office  is  not  within  this 
state,  may  be  served  upon  any  officer,  director,  attorney 
or  general  agent  of  said  company,  and  such  service  shall 
be  as  binding  and  of  the  same  effect  as  if  the  same  had 

Proviso,  been  served  upon  the  president  of  the  company  :  Pro- 
vided, however,  that  process  shall  not  be  served  upon  any 
officer,  director,  attorney  or  general  agent,  who  may  be 
plaintiff  in  the  suit,  or  who  may  have  any  interest  there- 
in against  such  company :  Provided,  further,  That  at 
least  thirty  days'  notice  shall  be  given  of  the  time  and 
place  of  the  pendency  of  said  suit. 

Eepeai.  SEC.  2.  All  laws  and  parts  of  laws  coming  in  conflict 
with  the  provisions  of  this  act  be,  and  the  same  are  here- 
by repealed. 

Emergency.  SEC.  3.  It  is  hereby  declared  that  an  emergency  exists 
for  the  immediate  taking  effect  of  this  act,  and  that  it 
shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  publication  in  the  Daily  Indiana  State  Sentinel  and 
Daily  Indiana  State  Journal.* 
Approved  March  4,  1853. 

*  Published  in  the  Daily  Indiana  State  Sentinel,  March  22,  1853  ;  and 
in  the  Daily  Indiana  State  Journal,  March  25, 1853. 


93 


AN  ACT 

TO  EXPLAIN  AN  ACT  ENTITLED  "  AN  ACT  AUTHORIZING  RAIL- 
ROAD COMPANIES  TO  CONSOLIDATE  THEIR  STOCK  WITH  TH* 
STOCK  OF  RAIL-ROAD  COMPANIES  IN  THIS  OR  AN  ADJOINING 
STATE,  AND  TO  CONNECT  THEIR  ROADS  WITH  ROADS  OF 
SAID  COMPANIES,  AND  TO  AUTHORIZE  RADL-ROAD  COMPA- 
NIES TO  CONSTRUCT  THEIR  ROADS  ON  THE  ROUTES  WHICH 
THEY  MAY  HAVE  HERETOFORE  SURVEYED  AND  LOCATED, 
AND  TO  USE  AND  OCCUPY  THE  SAME  WHEN  COMPLETED," 
APPROVED  FEBRUARY  23,  1853. 

SEC.  1.  Be  it  enacted  ty  the  General  Assembly  of  the  Act  to 
State  of  Indiana,  That  the  provisions  of  the  first  section  pL^s 
of  the  act  above  recited  were  intended  to  apply  to  rail- 
roads  hereafter  organized  as  well  as  to  those  heretofore  or- 
ganized ;  and  it  shall  and  may  be  lawful  for  rail-road  com- 
panies hereafter  organized  under  the  laws  of  this  or  any 
adjoining  state,  as  well  as  those  heretofore  organized,  to 
consolidate  and  make  their  stock  joint  stock  with  any 
other  rail-road  company  heretofore  or  hereafter  organized 
as  aforesaid,  on  the  terms  and  conditions  and  subject  to 
all  the  restrictions  as  stated  in  said  act. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  passage  Emergency. 
of  this  act,  the  same  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  4,  1853. 


AN  ACT 

AUTHORIZING  CORPORATIONS  FORMED  IN  PURSUANCE  OF  AN  ACT 
ENTITLED  "  AN  ACT  TO  PROVIDE  FOR  THE  INCORPORATION  OF 
RAIL-ROAD  COMPANIES,"  APPROVED  MAY  11,  1852,  TO  FILE 
IN  THE  OFFICE  OF  THE  SECRETARY  OF  STATE  A  CERTIFIED 
COPY  OF  THEIR  ARTICLES  OF  ASSOCIATION,  IN  LIEU  OF  THEIR 
ORIGINAL  ARTICLES  OF  ASSOCIATION,  AND  LEGALIZING  THE 
ACTION  OF  SUCH  CORPORATIONS  IN  THAT  RESPECT  WHERE 
SUCH  CERTIFIED  COPY  HAS  BEEN  HERETOFORE  SO  FILED  IN 
LIEU  OF  THE  ORIGINAL  ARTICLES,  AND  PRESCRIBING  THE 
EFFECT  OF  SUCH  COPY. 

certified     SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
cuSymayirbe  State  of  Indiana,  That  hereafter  it  shall  not  be  necessary 

filed,  and  the  <*  •    ,  •  ,•  />  i    />       ,1 

original  re-  lor  any  association  or  corporation,  formed  for  the  purpose 
of  constructing,  owning  and  maintaining  a  rail-road,  in 
pursuance  of  an  act  entitled  "  an  act  to  provide  for  the 
incorporation  of  rail-road  companies,"  approved  May 
11,  1852,  to  file  their  articles  of  association  in  the  office 
of  the  secretary  of  state,  but  a  copy  of  such  articles, 
duly  certified  by  the  officers  or  persons  duly  authorized 
of  such  association  or  corporation,  may  be  so  filed,  and 
the  original  retained  in  the  possession  of  such  corporation. 
Copieshere-  SEC.  ^-  Whenever  any  association  or  corporation  formed 
legalized"1611  under  the  provisions  of  said  act  have  heretofore  filed  in 
the  office  of  the  secretary  of  state  a  copy  of  the  origi- 
nal articles  of  association  in  lieu  of  such  original  articles, 
the  action  of  such  corporation  in  the  premises  is  hereby 
legalized,  and  the  same  effect  is  hereby  given  to  such 
copy  as  if  the  provisions  of  section  two  of  the  aforesaid 
Proviso,  act  had  been  strictly  complied  with :  Provided,  however, 
Such  corporation  shall,  within  six  months  after  the  taking 
effect  of  this  act,  authenticate  the  copy  so  filed  by  a 
proper  certificate,  or  file  in  the  office  of  the  secretary  of 


95 

state  in  lieu  of  the  copy  heretofore  filed,  another  copy 
of  such  original  articles  of  association,  duly  certified  and 
authenticated  by  the  proper  officer  or  officers  of  such  cor- 
poration. 

Approved  March  4,  1853. 


AN  ACT 

TO   INCORPORATE   THE   ERIE  AND   KALAMAZOO  RAIL-ROAD  COM- 
PANY. 

SEC.  1.  Be  it  enacted  by  the  Legislative  Council  of  the 
Territory  of  Michigan,  That  Stephen  B.  Corastock,  Ben- 
jamin F.  Stickney,  David  White,  Caius  C.  Eobinson, 
Darius  Comstock,  Asahel  Finch,  E.  Conant  Winter,  Seth 
Dunham,  Silas  A.  Holbrook,  Stephen  Vickery  and  Ed- 
ward H.  Lathrop,  be,  and  they  are  hereby  appointed 
commissioners,  under  the  direction  of  a  majority  of  whom  ,  ^j^1011"8' 
subscriptions  may  be  received  to  the  capital  stock  of  the 
Erie  and  Ivalarnazoo  Rail-Road  Company,  hereby  incor- 
porated ;  and  they  may  canse  books  to  be  opened  at 
such  times  and  places  as  they  shall  direct,  for  the  purpose 
of  receiving  subscriptions  to  the  capital  stock  of  said 
company,  first  giving  reasonable  notice  of  the  times  and 
places  of  taking  such  subscriptions. 

SEC.  2.  That  the  capital  stock  of  the  said  Erie  and  Kala-CaP>talstock 
mazoo  Rail-Road  Company  shall  be  one  million  of  dol- 
lars, in  shares  of  fifty  dollars  each ;  and  that  as  soon  as 
one  thousand  shares  of  said  stock  shall  be  subscribed,  the 
subscribers  of  said  stock,  with  such  other  persons  as  shall 
associate  with  them  for  that  purpose,  their  successors 
and  assigns,  shall  be,  and  they  are  hereby  created  a  body 
corporate  and  politic,  by  the  name  and  style  of  "  The  tioIt|lcorpora" 
Erie  and  Kalamazoo  Rail-Road  Company,"  with  perpet- 
ual succession,  and  by  that  name  shall  be  capable  in  law 
of  purchasing,  holding,  selling,  leasing  and  conveying 


96 

estate,  either  real,  personal  or  mixed,  so  far  as  the  same 
may  be  necessary  for  the  purposes  hereinafter  mentioned, 
and  no  further ;  and  in  their  corporate  name  may  sue 
and  be  sued,  may  have  a  common  seal,  which  they  may 
alter  and  renew  at  pleasure,  and  shall  have,  enjoy,  and 
may  exercise  all  the  powers,  rights  and  privileges  which 
appertain  to  corporate  bodies  for  the  purposes  mentioned 
in  this  act. 

SEC.  3.  Said  corporation,  hereby  created,  shall  have 
power  to  construct  a  rail-road,  with  a  single  or  double 
track,  from  Port  Lawrence,  through,  or  as  near  as  prac- 
ticable, to  the  village  of  Adrian,  and  thence  on  the  most 
eligible  route  to  such  point  on  the  Kalamazoo  river  as 
they  may  deem  most  proper  and  needful,  with  power  to 
transport,  take  and  carry  property  and  persons  upon 
the  same,  by  the  power  and  force  of  steam,  of  animals,  or 
of  any  mechanical  or  other  power,  or  of  any  combination 
of  them. 

Time  for,  AC.  SEC.  4.*  If  said  corporation  shall  not,  within  three  years 
from  the  passage  of  this  act,  commence  the  construction 
of  said  rail-road,  and  shall  not  within  six  years  from  the 
passage  of  this  act,  construct,  finish  and  put  in  operation 
the  said  rail-road  from  Port  Lawrence  to  the  village  of 
Adrian,  and  shall  not  within  fifteen  years  from  the  pas- 
sage of  this  act,  construct,  finish  and  put  in  operation  one 
half  of  the  said  rail-road,  and  shall  not  within  thirty  years 
from  the  passage  of  this  act,  complete  and  put  in  opera- 
tion the  whole  of  the  said  rail-road,  or  in  the  event  of 
the  failure  of  the  company  to  construct  the  parts  of  the 
said  rail-road  within  either  of  the  times  above  mentioned, 
then  the  rights,  privileges  and  powers  of  said  corpora- 
tion, under  this  act,  shall  be  null  and  void,  as  to  said 
parts  of  the  said  rail-road  which  are  not  finished  within 
the  times  limited  by  this  act,  and  to  them  only.  The  said 
Annual  re- company  shall  make  returns  to  the  governor,  to  be  laid 
before  the  legislature  annually  by  the  president,  and  on 

•Altered  May  18,  1846. 


97 

the  oath  of  the  president  or  treasurer,  with  a  statement 
of  the  receipts  and  expenditures  upon  the  said  rail-road, 
together  with  the  cost  thereof ;  and  if  at  any  time  on  such 
return,  the  amount  divided  from  the  part  of  said  rail-road 
completed,  over  and  above  all  repair,  shall  exceed  four- 
teen per  cent,  on  the  capital  stock  paid  in,  and  equal  in- 
terest from  the  time  of  payment,  then  it  shall  be  the  duty 
of  said  company  to  complete  the  next  adjoining  section 
within  five  years  after  making  such  return,  or  on  failure 
thereof,  to  pay  all  surplus  moneys  arising  from  the  road 
so  completed,  over  and  above  the  said  fourteen  per  cent., 
and  the  cost  of  all  repairs,  into  the  treasury  of  the  terri- 
tory. 

SEC.   5.  That  whenever  one  thousand  shares  of   the  First  meet- 
aforesaid  stock  shall  have  been  subscribed,  if  within  three 
years  after  the   passage  of  this  act,  the  commissioners 
shall  call  a  general  meeting  of  the  subscribers,  at  such 
time  and  place  as  they  may  appoint,  by  giving  sixty 
days'  public  notice  of  such  meeting  ;  and  at  such  meet- 
ing the  commissioners  shall  lay  the  subscription  books 
before  the  subscriber's  then  and  there  present,  and  there- 
upon the  subscribers  or  stockholders,  or  a  majority  of 
them,  shall  elect  nine  directors  by  ballot,  a  majority  of     Nine  <n- 
whom  shall  be  competent  to  manage  the  affairs  of  the 
said  company  ;  they  shall  have  the  power  of  electing  a 
president  of  the  said  company,  either  from  amongst  the    President, 
directors  or  stockholders ;  and  in  said  election,  and  on 
every  occasion,  wherein  a  vote  of  the  stockholders  is  to 
be  taken,  every  share  shall  entitle  the  holder  thereof  to 
one  vote  ;  and  every  stockholder  may  vote  by  himself  or    Proxies, 
proxy. 

SEC.  6.  That  to  continue  the  succession  of  president       Annual 
and  directors  of  said  company,  nine  directors  shall  be el< 
chosen  annually,  on  the  first  Monday  in  October,  at  such 
place  as  may  be  appointed  by  the  directors  ;  and  if  any 
vacancy  shall  occur  by  death,  resignation  or  otherwise, 
of  any  president  or  director,  before  the  year  for  which  he 
was  elected  shall  have  expired,  a  person  to  fill  such  va-   vacancies. 

7 


98 

cant  place  for  the  residue  of  the  year  may  be  appointed 
by  the  directors  of  said  company,  or  a  majority  of  them  ; 
the  directors  of  the  company  shall  hold  and  exercise  their 
offices  until  a  new  election  of  president  and  directors. 
All  elections  which  are  by  this  act,  or  by  the  by-laws  of 
the  company,  to  be  made  on  any  particular  day,  if  not 
made  on  such  a  day,  may  be  made  at  any  time  within 
thirty  days  thereafter,  by  giving  notice  thereof. 
Annual  SEC.  7.  That  a  general  meeting  of  the  stockholders  of 

meetings.  ..  i      11    1111  n  i  • 

said'  company  shall  be  held  annually,  at  the  time  and 
place  appointed  for  the  appointment  of  president  and  di- 
rectors ;  and  a  meeting  may  be  called  at  any  time  during 
the  interval  between  said  annual  meetings,  by  the  presi- 
dent and  directors,  or  by  the  stockholders  owning  not  less 
than  one-fourth  of  the  whole  stock,  by  giving  thirty  days 
special  public  notice  of  the  time  and  place  of  meeting;  and 

meetings.  ,  .          ..  111-11  -ii-iT 

when  any  such  meetings  are  called  by  the  stockholders,  the 
notice  shall  specify  the  particular  object  of  the  call ;  and 
if  at  any  meeting  thus  called,  a  majority  in  value  of  the 
stockholders  are  not  present  in  person  or  by  proxy,  such 
meeting  shall  be  adjourned  from  day  to  day,  not  exceed- 
ing three  days,  without  transacting  any  business ;  and  if 
within  said  three  days,  stockholders  having  a  majority  of 
the  stock  do  not  attend  such  meeting,  then  the  same  shall 
be  dissolved. 

Annual  SEC.  8.  That  at  the  regular  annual  meetings  of  the 
stockholders,  stockholders  of  said  company,  it  shall  be  the  duty  of  the 
president  and  directors  in  office  for  the  preceding  year, 
to  exhibit  a  clear  and  distinct  statement  of  the  affairs*of 
the  company  ;  and  at  any  called  meeting  of  the  stock- 
holders, a  majority  of  those  present  in  person  or  by  proxy, 
may  require  similar  statements  from  the  president  and 
directors,  whose  duty  it  shall  be  to  furnish  them  wheji 
thus  required ;  and  at  all  the  general  meetings  of  the 
stockholders,  a  majority  in  value  of  all  the  stockholders 
Remove  in  said  company  may  remove  from  office  any  president, 
or  any 'of  the  directors  of  said  company,  and  may  appoint 
others  in  their  stead. 


99 

SEC.  9.  That  every  president  and  director  of  said  com-   cam. 
pany,  before  he  acts  as  such,  shall  swear  or  affirm  that  lie 
will  well  and  truly  discharge  the  duties  of  his  office  to 
the  best  of  his  skill  and  judgment. 

SEC.  10.  That  the  said  president  and  directors,  or  a     Power  of 

.,     ,  -      , .    .  .  directors. 

majority  ot  them,  shall  have  power  to  appoint,  contract 
with  and  determine  the  compensation  of  all  such  officers, 
engineers,  agents  or  servants  whatsoever,  as  they  may 
deem  necessary  for  the  transaction  of  the  business  of  the 
company,  and  remove  them  at  pleasure  ;  and  the  said 
president  and  directors,  or  a  majority  of  them,  shall  have 
the  power  of  determining  the  manner  of  adjusting  and 
settling  all  accounts  against  the  company ;  and  also  the 
manner  and  evidence  of  transfers  of  stock  in  said  com- 
pany, and  they  shall  have  power  to  pass  all  by-laws  which  By-laws, 
they  may  deem  necessary  for  carrying  into  execution  all 
the  powers  vested  in  the  company  hereby  incorporated : 
Provided,  Such  by-laws  shall  not  be  contrary  to  the  con- 
stitution or  laws  of  the  United  States,  or  the  laws  of  this 
territory. 

SEC.  11.  That  the  president  and  directors  of  said  com-     Power  to 

in-i  -IT  i  i«  i        •  i        n     i       make  road. 

pany  shall  be,  and  they  are  hereby  invested  with  all  the 
privileges,  rights  and  powers  necessary  for  the  location, 
construction  and  keeping  in  repair  of  said  rail-road,  not 
exceeding  one  hundred  feet  in  width  ;  and  the  said  pres- 
ident and  directors,  or  their  agents,  or  those  with  whom 
they  may  contract  for  making  said  road,  or  any  part  of 
it,  may  enter  upon,  use  and  excavate  any  land,  which 
may  be  wanted  for  the  site  of  said  rail-road,  or  any  other 
purpose,  which  is  necessary  in  the  construction  or  repair 
of  said  road  or  its  works,  so  soon  as  the  amount  is  ascer- 
tained and  tendered,  as  hereinafter  provided. 

SEC.  12.  That  the  president  and  directors  of  said  com-  cor.»actfor 
pany  may  agree  with  the  owner  or  owners  of  any  land,  anJ'  &° 
earth,  timber,  gravel,  stone  or  other  materials,  or  any 
articles  whatever,  which  may  be  wanted  in  the  construc- 
tion or  repair  of  said  road,  or  any  of  its  works,  for  the 
purchase  or  occupation  of  the  same ;  and  if  such  ma- 


100 

terials  (not  previously  taken  or  appropriated  by  the  owner 
to  any  particular  use)  as  may  be  necessary  for  the  con- 
struction or  repair  of  said  rail-road,  be  found  on  any  un- 
improved land  adjoining  to  or  near  the  same,  and  if  the 
parties  cannot  agree,  or  if  the  owner  or  owners  of  any  of 
them  be  a  feme  covert,  under  age,  non  compos  mentis, 
or  out  of  the  county  in  which  the  property  wanted  may 
lie,  application  may  be  made  to  any  justice  of  the  peace 
•of  such  county,  who  will  thereupon  issue  his  warrant, 
under  his  hand  and  seal,  directed  to  the  sheriff  of  said 
county  ;  or  if  the  sheriff  be  interested,  to  some  disinter- 
jm-y  in  ested  person,  requiring  him  to  summon  a  jury  of  twelve 

***'  &c'  freeholders  in  the  county,  not  in  any  way  interested  in 
the  matter  or  related  to  the  parties,  to  meet  on  or  near 
the  property  or  materials  to  be  valued,  on  a  day  named 
in  said  warrant,  not  less  than  five  nor  more  than  ten  days 
after  the  issuing  of  the  same ;  and  if  at  the  said  time 
and  place  any  of  the  persons  summoned  do  not  attend? 
the -said  sheriff  or  summoner  shall  immediately  summon 
as  many  as  may  be  necessary,  with  the  persons  in  attend- 
ance as  jurors,  to  furnish  a  pannel  of  twelve  jurors,  and 
from  themeach  party,  or  his,  her  or  their  agent  or  attorney, 
or  if  either  be  not  present  in  person  or  by  agent,  the  sheriff 
or  summoner  for  him,  her  or  them,  may  strike  off  three 
jurors,  and  the  remaining  persons  shall  act  as  a  jury  of 
inquest  of  damages ;  and  before  they  act  as  such,  the 
sheriff  -or  summoner  shall  administer  to  each  of  them  an 

oath.  oath  or  affirmation,  that  they  will  justly  and  impartially 
value  the  damages  which  the  owner  or  owners  will  sus- 
tain by  the  use  or  occupation  of  the  land,  materials  or 
property  required  by  said  company  ;  and  the  said  jury 

inquisition,  shall  reduce  their  inquisition  to  writing,  and  shall  sign  and 
seal  the  same,  and  it  shall  then  be  sent  to  the  clerk  of  the 
circuit  court  of  said  county,  and  by  said  clerk  filed  in  his 
office,  and  shall  be  confirmed  by  said  court  at  its  next 
session,  if  no  sufficient  cause  to  the  contrary  be  shown ; 
and  when  confirmed,  the  same  shall  be  recorded  by  said 
clerk,  at  the  expense  of  said  company  ;  but  if  set  aside, 


101 

said  court  may  direct  another  inquisition  to  be  taken,  in 
manner  above  prescribed  :  said  inquisition  shall  describe 
the  property  taken,  or  the  bound  of  the  land  condemned ; 
such  valuation,  when  paid  or  tendered  to  the  owner  or 
owners  of  said  property,  his,  her  or  their  legal  represen- 
tative, shall  entitle  said  company  to  the  estate  and  in- 
terest in  the  same  thus  valued,  as  fully  as  if  it  had  been 
conveyed  by  the  owner  or  owners  of  the  same,  for  such 
term  of  time  as  the  said  company  shall  occupy  the  same 
for  a  rail-road  ;  and  if  the  valuation  be  not  received  when 
tendered,  it  may  at  any  time  thereafter  be  received  from 
the  company  without  costs ;  and  the  sheriff  or  summoner 
and  jurors  shall  be  allowed  the  ordinary  fees  for  like  ser-  Fees. 
vices,  to  be  taxed  by  the  court,  and  to  be  paid  by  the 
company,  or  by  the  owner,  or  by  both,  in  such  proportion 
as  the  court  may  direct. 

SEC.  13.    That  whenever,  in  the  construction  of  said    Highways. 
rail-road,  it  shall  be  necessary  to  cross  or  intersect  any 
established  road,  it  shall  be  the  duty  of  said  president 
and  directors  so  to  construct  the  said  rail-road  across  such 
established  road  as  not  to  impede  the  passage  or  trans- 
portation of  persons  or  property  along  the  same  ;  or  when    Private 
it  shall  be  necessary  to  construct  it  through  the  land  of 
any  individual,  it  shall  be  their  duty  to  provide  for  such 
individual  proper  wagon-ways  across  said  road  from  one 
part  of  his  land  to  another. 

SEC.  14:.  That  if  said  company  shall  neglect  to  provide  Damages, 
proper  wagon-ways  across  said  road,  as  required  .by  the 
preceding  section  of  this  act,  it  shall  be  lawful  for  any 
individual  to  sue  said  company,  and  he  or  she  shall  be 
entitled  to  such  damages  as  a  jury  may  think  him  or  her 
entitled  to,  for  such  neglect  or  refusal  on  the  part  of  said 
company. 

SEC.  15.  That  if  it  shall  be  necessary  for  the  said  rail-    contract  to 

i  ,  ,  •,  use  turnpike 

road  company,  in  the  selection  of  the  route  or  the  con-  or  bridges, 
struction  of  said  road,  to  J>e  by  them  laid  out  and  con- 
structed, or  any  part  of  it,  to  connect  the  same  with  any 
turnpike  road  or  bridge  made  or  erected  by  an  iucorpo- 


102 

rated  company,  or  authorized  by  the  law  of  this  territory, 
it  shall  be  lawful  for  said  president  and  directors  to  con- 
tract with  any  other  corporation  for  the  right  to  use  such 
road  or  bridge,  or  for  the  transfer  of  any  of  the  corporate 
or  other  rights  and  privileges  of  such  corporation,  to  the 
said  company  hereby  incorporate^  ;  and  every  such  other 
incorporation  acting  under  the  laws  of  this  territory,  is 
hereby  authorized  to  make  such  contract  or  transfer  by 
and  through  the  agency  of  the  person  authorized  by  the 
respective  acts  of  incorporation  to  exercise  their  corporate 
powers,  or  by  any  persons  which  are  by  any  law  of  this 
territory  entrusted  *  with  the  management  and  direction 
of  any  turnpike  road  or  bridge,  or  any  of  the  privileges 
aforesaid  ;  every  contract  or  transfer  made  in  pursuance 
of  the  power  and  authority  hereby  granted,  when  exe- 
cuted by  the  several  parties,  under  their  respective  cor- 
porate seals,  shall  vest  in  the  company  hereby  incorpo- 
rated all  such  rights  and  privileges,  and  the  right  to  use 
and  enjoy  the  same  as  fully  as  they  are  now  used  and 
enjoyed  by  the  said  corporation  in  whom  they  are  now 
vested. 

SEC.  16.  That  the  said  president  and  directors  shall 
have  power  to  purchase,  with  the  funds  of  the  company, 
and  place  on  any  rail-road  constructed  by  them  under 
this  act,  all  machinery,  wagons,  carriages  or  vehicles  of 
any  description,  which  they  may  deem  necessary  or 
proper  for  the  purpose  of  transportation  on  said  road  ; 
Toiu.  and  that  they  shall  have  power  to  charge  for  tolls  and 
transportation,  such  sums  as  shall  be  established  by  the 
by-laws  of  the  company  hereby  incorporated  ;*  and  it 
shall  not  be  lawful  for  any  other  company,  or  any  person 
or  persons,  to  transport  any  passengers,  merchandise  or 
property  of  any  description  whatever  along  said  road,  or 
any  part  of  it,  without  the  license  or  permission  of  the 
said  president  and  directors  of  said  company,  and  the 
said  road,  with  all  the  improvements,  works  and  profits, 

*  Altered  May  18,  1846. 


103 

and  all  machinery  used  on  said  road  for  transportation,  are 
hereby  vested  in  said  company  incorporated  by  this  act, 
and  their  successors  forever  ;  and  the  shares  of  the  capital 

stock  of  said  company  shall  be  considered  personal  pro-  shares  per- 
L      "  A  sonai    pro- 

perty, and  shall  be  transferable  agreeably  to  the  by-laws  perty. 

of  said  company,  and  subject  to  be  taken  on  execution 
agreeably  to  such  laws  as  are  or  may  hereafter  be  in 
force. 

SEC.  17.  The  said  president  and  directors  shall  annually,  Dividend. 
or  semi-annually,  declare  and  make  such  dividend  as  they 
may  deem  proper,  of  the  net  profits  from  the  resources  of 
said  company,  deducting  the  necessary  current  expenses ; 
and  they  shall  make  the  dividend  among  the  stockholders 
of  said  company,  in  proper  proportions  to  their  respective 
shares. 

SEC.  18.  That  if  any  person  "or  persons  shall  wilfully,  wnfuitres- 
knowingly  and  maliciously,  by  any  means  whatever,  in- 
jure, impair  or  destroy  any  part  of  the  rail-road  con- 
structed by  said  company  under  this  act,  or  any  of  the 
necessary  works,  buildings  or  machinery  of  said  company, 
such  person  or  persons  so  offending  shall  each  of  them, 
for  every  such  offence,  forfeit  and  pay  to  said  company 
a  sum  not  exceeding  three  times  the  amount  of  damages 
caused  by  such  offence,  which  may  be  recovered  in  the 
name  of  the  said  company,  by  an  actipn  of  debt,  in  any 
court  having  competent  jurisdiction  in  the  county  where- 
in the  offence  shall  be  committed,  and  shall  also  be  sub- 
ject to  an  indictment,  and  upon  conviction  of  such  offence, 
shall  be  punished  by  fine  and  imprisonment  at  the  dis- 
cretion of  the  court. 

SEC.  19.*  The  right  and  privilege  is  hereby  reserved  to   connection 

.  J  ,  of  other  rail- 

the  territory,  or  any  company  hereafter  to  be  incorpo- roads, 
rated  under  the  authority  of  this  territory,  to  connect 
with  the  road  hereby  provided  for,  any  other  rail-road 
leading  from  the  main  route  to  any  part  or  parts  of  the 
territory  :  Provided,  That  in  forming  such  connection,  no 

*  Repealed. 


104 

injury  shall  be  done  to  the  works  of  the  company  here- 
by incorporated  :  Provided)  further,  That  the  said  com- 
pany or  companies  so  connecting,  may  have  the  free  use 
of  said  road  ~by  paying  such  a  tariff  of  tolls  as  may  be 
established  by  the  legislature  ;  and  this  corporation  shall 
be  entitled  to  the  same  rights  and  privileges  to  any  and 
all  roads  hereafter  connected. 

Territory  SEC.  20.  That  the  territory  shall  have  the  right,  at  any 
Foal  "*  time  after  the  expiration  of  twenty  years  from  the  com- 
pletion of  said  rail-road,  to  purchase  and  hold  the  same 
for  the  use  of  the  territory  at  a  price  not  exceeding  the 
original  cost  of  said  road,  and  fourteen  per  cent,  thereon, 
of  which  cost  an  accurate  account  shall  be  kept  and  sub- 
mitted to  the  legislature,  duly  attested  by  the  oath  or 
affirmation  of  the  officers  of  said  company,  whenever 
and  as  often  as  said  legislature  shall  require  the  same. 

SEC.  21.  This  act  shall  be  favorably  construed  to  effect 
the  purposes  thereby  intended  ;  and  the  same  is  hereby 
declared  to  be  a  public  act,  and  copies  thereof,  printed 
by  the  authority  of  the  territory,  shall  be  received  as 
evidence  thereof. 

Approved  April  22,  1833. 


EXTEACT 

FROM  AN  ACT  "TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  IN- 
CORPORATE THE  ERIE  AND  KALAMAZOO  RAIL-ROAD  COM- 
PANY." (BANK  ACT,  PASSED  MARCH  26,  1835.) 

SEC.  18.  That  it  shall  be  the  duty  of  the  president  and 
directors  to  report  annually  to  the  legislature  of  the  terri- 
tory or  state  of  Michigan,  the  true  state  and  condition  of 
said  rail-road  ;  and  whenever  the  net  proceeds  of  said  road 
shall  have  paid  the  cost  of  erecting  the  same,  and  ex- 
penses in  keeping  the  same  in  repair  and  operation,  and 
seven  per  centage  on  all  moneys  so  expended  as  aforesaid, 


105 

the  said  road  shall  become  the  property  of  the  territory 
or  state,  and  shall  .become  a  free  road,  except  sufficient 
toll  to  keep  the  same  in  repair,  and  after  such  period 
said  bank  shall  be  a  separate  and  distinct  institution. 


AN  ACT 

TO  AUTHORIZE  THE  SALE  OF  THE  SOUTHERN  RAIL-ROAD,  AND 
TO  INCORPORATE  THE  MICHIGAN  SOUTHERN  RAIL-ROAD  COM- 
PANY. 

SEC.  1.  Be  it  enacted  by  the  ^Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Michigan,  That  James  J.  I0 
Godfrey,  Samuel  J.  Holley,   Harry  V.  Man,    Charles 
Noble,  George  W.  Strong,  Austin  E.  Wing,  Henry  Wal- 
dron,   Stillman   Blanchard,  Frederick  W.  Macy,  John 
Burch,  Dan  B  Miller,  Benjamin  F.  Fifield,  William  C. 
Sterling,  Wedworth  Wadsworth,  Edward  Bronson,  Daniel 
S.  Bacon,  Thomas  G.  Cole,  and  such  other  persons  as 
shall  associate  with  them  for  that  purpose,  are  hereby 
made  and  constituted  a  body  corporate  and  politic,  by 
the  name  and  style  of  "The  Michigan  Southern  Rail- 
Koad  Company,"  with  perpetual  succession,  and  by  that 
name  shall  be  capable  in  law  of  taking,  purchasing,  hold- 
ing, leasing,  selling  and  conveying  estates  and  property, 
whether  real,  personal  or  mixed,  so  far  as  the  same  may 
be  necessary  for  the  purposes  hereinafter  mentioned,  and 
no  further ;   and  in  their  corporate  name  they  may  sue 
and  be  sued  ;  may  have  a  common  seal,  which  they  may 
alter  and  renew  at  pleasure,  and  may  have  and  exercise 
all  powers,  rights,  privileges  and  immunities  which  are 
or  may  be  necessary  to  carry  into  effect  the  purposes  and 
objects  of  this  act,  as  the  same  are  hereinafter  set  forth: 
Provided,  That  nothing  in  this  act  contained  shall  extend      Banking 

,  .  ,  1-1  •  -i  prohibited. 

or  be  construed  to  authorize  the  said  company  to  carry 
on  the  business  of  banking,  brokerage,  or  any  other  busi- 


106 

ness  except  what  properly  belongs  to  a  rail-road  and 
transportation  company,  as  hereinafter  provided. 

SEC.  2.  The  said  company,  within  thirty  days  after  the 

time  this  act  shall  take  effect  and  be  in  force,  shall  have 

May  pur.  the  right  to  contract  with  and  purchase  from  the  state, 

chase  road.  °  r 

and  the  state  will  sell  and  grant  to  the  said  company,  all 
the  right,  title  and  interest  of  the  state  in  and  to  the 
Southern  Rail-Road,  and  all  its  appurtenances,  including 
And  branch,  the  Tecumseh  Branch,  and  all  rights  of  way  for  a  rail- 
road between  Tecumseh  and  Manchester,  which  the  state 
now  has  or  is  entitled  to,  and  all  machine  shops  and  other 
buildings,  and  stock  and  materials  upon  said  road,  of 
whatever  name  or  kind,  and  all  lauds  or  rights  of  way 
which  the  state  has  or  may  have  acquired  in  connection 
with  said  rail-road,  for  the  price  or  sum  of  five  hundred 
thousand  dollars;  of  which  the  sum  of  ten  thousand  dol- 
lars shall  be  paid  by  the  said  company,  at  the  state 
treasury,  to  the  state  treasurer,  within  thirty  days  after 
the  time  this  act  shall  take  effect  and  be  in  force,  and 
the  further  sum  of  forty  thousand  dollars  within  three 
months  from  the  time  this  act  shall  take  effect  and  be  in 
force,  to  be  paid  as  hereinafter  provided  ;  and  at  the  time 
of  making  said  payment  of  forty  thousand  dollars,  the 
said  company  shall  execute  to  the  state  of  Michigan  a 
bond.  bond,  in  the  penal  sum  of  one  hundred  thousand  dollars, 
with  sufficient  sureties  or  securities,  to  be  approved  by 
the  auditor-general,  conditioned  for  the  payment  to  the 
state  of  all  damages  it  may  sustain  from  the  said  com- 
pany's neglecting  to  return  to  the  state  the  stock,  materi- 
als and  furniture  of  said  road,  of  whatever  name  or  kind, 
in  as  good  condition  and  of  equal  value  as  when  the  same 
was  received  by  said  company  from  the  state,  in  case  of 
any  forfeiture  of  said  rail-road  to  the  state  for  any  of  the 
causes  in  the  next  succeeding  section  specified  ;  and 
thereupon  the  said  company  shaH  immediately  thereafter 
May  take  be  put  into  and  be  entitled  to  the  possession  of  said  rail- 
road and  its  appurtenances,  including  all  lands,  machine 
shops  and  other  buildings,  (saving  and  except  that  any 


107 

person  who  may  own  any  building  upon  the  land  belong- 
ing to  the  state,  on  the  line  of  the  Southern  Rail-Road, 
which  land  may  be  transferred  to  said  company  under 
this  act,  may  dispose  of  or  take  away  such  building  with- 
in three  months  after  such  transfer,)  and  their  furniture, 
and  all  stocks  and  materials  upon  said  rail-road,  of  what- 
ever name  or  kind  ;  and  said  company  shall,  within  six 
months  from  the  time  when  this  act  shall  take  effect  and 
be  in  force,  purchase  and  place  upon  the  said  road  addi- 
tional locomotives  and  cars  of  the  value  of  twenty  thou- 
sand dollars.  And  if  said  company  shall,  within  nine 
years  from  the  payment  of  said  sum  of  forty  thousand 
dollars,  pay  to  the  state  the  further  sum  of  four  hundred 
and  fifty  thousand  dollars,  in  eighteen  equal  •semi-annual 
instalments  of  twenty-five  thousand  dollars  each,  together  instilment*, 
with  the  interest  upon  all  portions  of  the  purchase  money 
remaining  unpaid,  at  the  rate  of  six  per  cent,  per  annum, 
to  be  paid  semi-annually,  to  be  computed  from  the  time 
when  the  said  sum  of  forty  thousand  dollars  shall  have  been 
paid  by  said  company  to  the  state,  sai<|  sum  of  four  hun- 
dred and  fifty  thousand  dollars,  and  interest  thereon,  to 
be  paid  at  the  state  treasury  in  the  manner  prescribed  for 
the  payment  of  the  aforesaid  sum  of  forty  thousand 
dollars,  then  and  immediately  thereafter,  all  the  right, 
title  and  interest  of  the  state  to  the  Southern  Rail-Road 
and  all  its  appurtenances,  including  all  machine  shops, 
depots  and  other  buildings,  and  stock  upon  the  said  road, 
of  whatever  name  or  kind,  and  all  lands  and  estates,  or 
interest  in  land,  and  rights  of  way  which  the  state  has  or 
may  have  acquired  in  connection  with  said  rail-road,  and 
for  the  purposes  thereof,  and  which  it  may  lawfully  con- 
vey, (save  as  aforesaid,)  shall  then  and  thereafter  vest  in  Koad  vest 
and  become  the  property  of  said  company ;  but  such In 
interest  in  lands  shall  not  extend  to  or  include  any  lands 
granted  to  the  state  by  the  government  of  the  United 
States,  for  the  purposes  of  internal  improvement :  Pro- 
vided, That  nothing  in  this  section  contained  shall  be 
construed  as  rendering  the  state  liable  by  reason  of  any 


108 

* 

state  not  want  of  power  to  convey  or  for  any  defect  or  failure  of 

liable  for  land  .  *  J 

titles.          the  title  in  and  to  the  property  granted,  or  any  part 
thereof. 


aFaconm  a-  ^EC<  ^'  ^n  case  sa^  company  shall  not  within  thirty 
ny  dissolved,  days  after  the  time  this  act  shall  take  effect  and  be  in 
force  pay  into  the  state  treasury  the  sum  of  ten  thousand 
dollars,  and  within  three  months  from  the  time  this  act 
shall  take  effect  and  be  in  force  the  further  sum  of  forty 
thousand  dollars,  in  manner  provided  in  the  last  preceding 
section,  then  in  such  case,  said  Michigan  Southern  Kail- 
Road  Company  hereby  incorporated,  shall  immediately 
be  and  become  dissolved,  and  shall  thenceforward  neither 
have  nor  exercise  any  of  the  rights,  privileges  or  immu- 
nities of  a  body  corporate  or  politic  for  any  purpose  what- 
u  soever  ;  and  in  case  the  said  company  shall  pay  into  the 
state  treasury  in  manner  aforesaid,  the  sum  of  ten  thou- 
sand dollars  within  thirty  days  after  the  time  this  act 
shall  take  effect  and  be  in  force,  and  within  three  months 
after  the  time  this  act  shall  take  effect  and  be  in  force, 
the  further  sum  of  forty  thousand  dollars,  but  shall  fail 
to  pay  into  the  stfite  treasury  in  the  manner  and  within 
the  times  above  specified,  after  such  payment  of  the  said 
sum  of  forty  thousand  dollars,  the  further  sum  of  four 
hundred  and  fifty  thousand  dollars,  with  interest  on  the 
same  semi-annually,  at  the  rate  of  six  per  cent  per  annum, 
to  be  computed  as  aforesaid,  or  shall  fail  to  pay  any  part 
thereof  when  due  and  payable,  then  in  such  case  the  said 
sum  of  ten  thousand  dollars,  and  the  said  sum  of  forty 
thousand  dollars,  and  all  other  sums  that  may  have  been 
paid  prior  to  such  default,  shall  be  and  become  absolutely 
Road  for-  forfeited  to  the  state;  and  all  property  and  estate  of 
whatever  name  or  kind,  which  said  company  shall  be 
seised  or  possessed  of  or  entitled  to,  shall  immediately 
become  forfeited  to  and  vest  in  the  state  to  all  intents  and 
purposes  ;  and  the  state  may  immediately  thereafter  take 
state  may  possession  of  the  same,  and  all  corporate  franchises  hereby 

s?on.  ''    LS~  granted  shall  then  and  thereafter  become  and  be  wholly 
null  and  revoked  ;  and  in  case  the  said  sum  of  four  him- 


109 

dred  and  fifty  thousand  dollars,  or  any  part  thereof,  and 
interest  to  be  computed  as  aforesaid,  or  any  part  thereof,  f 
shall  not  be  paid  as  aforesaid,  when  due  and  payable, 
then  the  state  treasurer  shall  certify  to  the  fact  of  such 
non-payment,  and  upon  such  certificate  any  justice  of 
the  Supreme  Court  may  make  an  order  that  any  writ  or 
writs  of  execution  shall  issue  from  the  Supreme  Court  in 
which  the  state  shall  be  named  as  plaintiff  and  said 
Michigan  Southern Kail-Eoad  Company  as  defendant,  and 
which  writ  or  writs  may  be  directed  to  any  sheriff  or      TO  issue 
sheriffs,  coroner  or  coroners  within  this  state;  and  the^r 
said  certificate,  with  said  order  endorsed,  being  filed  in 
the  office  of  the  clerk  of  the  Supreme  Court  in  any  circuit, 
the  said  order  shall  have  the  effect  of  a  judgment  of  said 
court ;  and  thereupon  one  or  more  writs  of  habere  facias 
possessionem  or  other  writs  of  execution  may  be  issued 
under  the  direction  of  the   attorney- general  into  any 
county  or  counties  of  this  state,  and  may  be  made  return- 
able into  said  court  in  the  discretion  of  the  attorney-gene- 
ral, either  in  term  time  or  vacation ;  and  alias  and  pluries 
writs  may  be  issued,  directed  to  the  sheriff  or  coroners 
of  the  same  or  different  counties  from  antecedent  writ  or 
writs.     And  it  shall  be  competent  for  the  Supreme  Court, 
or  any  justice  thereof,  upon  application  of  the  attorney- 
general,  to  prescribe  the  forms  and  contents  of  any  such 
writ  or  writs  to  be  issued  under  this  section ;  and  any 
writ  of  habere  facias  possessionem  to  be  issued  under  this 
section  may  command  the  sheriff  or  coroner  to  whom  the 
same  may  be  directed,  that  he  cause  the  state  to  have 
possession  of  the  Southern  Rail-Road,  or  any  portion    Take  pos- 
thereof,  or  of  any  rail-road  which  may  have  been  con-  any     road 

\  ,  ,  .,  ,,  tisecl  by  Coin- 

StrUCted  or  used  by  said  company,  or  any  portion  thereof,  pany. 

and  of  the  respective  appurtenances  thereunto  belonging, 
including  all  lands,  rights  of  way,  tenements,  depots,  car- 
houses,  machine  shops  and  other  structures  and  edifices 
connected  with  said  rail-road  or  rail-roads,  or  any  portion 
or  portions  of  the  same,  and  all  stock  of  such  rail-road 
or  rail-roads,  or  any  portion  thereof,  including  cars,  loco- 


110 

motives  and  tenders,  and  the  furniture  of  said  rail-road 
or  rail-roads,  or  any  portion  thereof;  and  the  Supreme 
Court,  upon  application  of  the  state  by  the  attorney-gen- 
eral, may  make  any  rule  or  rules,  order  or  orders,  which 
it  may  deem  expedient  the  better  to  carry  out  and  give 
effect  to  the  intent  of  this  section, 
what  may  SEC.  4.  In  any  payment  of  purchase  money  to  be  made 

be    received  ,   .  \  «  .•'•, 

in  payment,  to  this  state  by  or  from  said  company,  the  state  treasurer 
is  hereby  authorized  and  directed  to  receive,  and  the 
said  company  may  at  its  option,  pay  the  whole  or  any 
portion  in  lawful  money  of  the  United  States,  or  in  either 
of  the  following  class  of  state  indebtedness,  to  wit : 

First. — The  bond  specified  in  the  first  section  of  an 
act  entitled  an  act  to  liquidate  the  public  debt,  and  to 
provide  for  the  payment  of  interest  thereon,  approved 
March  eighth,  eighteen  hundred  and  forty-three,  and  the 
interest  bonds  issued  for  unpaid  interest  on  said  bonds  up 
to  July  first,  eighteen  hundred  and  forty-five,  at  the  sums 
mentioned  in  said  bonds  respectively,  with  interest  due 
and  unpaid  thereon  at  the  time  of  the  payment  of  the 
same  into  the  treasury. 

Second. — The  three  million  -eight  hundred  and  thirteen 
thousand  dollars  of  five  million  loan  and  other  bonds  de- 
livered to  the  United  States  Bank  and  Morris  Canal  and 
Banking  Company,  and  referred  to  in  the  preamble  to 
the  sixth  section  of  the  above  mentioned  act,  at  the  rate 
of  four  hundred  and  three  dollars  and  eighty-eight  cents 
and  six  mills  on  each  one  thousand  dollars  of  said  bonds 
for  principal  and  interest  due  thereon  the  first  day  of 
January,  eighteen  hundred  and  forty-six,  and  adding  for 
subsequent  interest  at  the  rate  of  six  per  cent,  per  annum, 
on  three  hundred  and  two  dollars  and  seventy-three  cents 
for  each  thousand  dollars  of  said  bonds :  Provided,  The 
coupons  since  July,  eighteen  hundred  and  forty-one,  shall 
remain  attached  thereto. 

Third. — The  stock  issued  in  behalf  of  the  Palmyra 
and  Jacksonburg  Rail-Road  Company,  with  the  interest 
due  and  unpaid  thereon. 


Ill 

Fourth. — All  warrants  or  other  evidences  of  state  in- 
debtedness, due  or  past  due,  not  comprehended  in  the 
previous  provisions  of  this  section,  except  warrants  drawn  .  , ; 

on  the  commissioner  of  the  state  land  office,  made  paya- 
ble in  lands  only. 

SEC.  5.  The  said  Michigan  Southern  Rail-Road  Com-   May  locate 
pany  shall  have  full  power  and  authority  to  locate,  an  detract  road?" 
from  time  to  time  to  alter,  change  and  re-locate,  so  as 
not  to  materially  change  the  route,  construct  and  re-con- 
struct, and  fully  to  finish,  perfect  and  maintain  a  rail- road, 
with  one  or  more  tracks,  from  some  suitable  point  at  or 
near  the  mouth  of  the  ship  canal,  in  the  city  of  Monroe, 
to  pass   through  the  villages  or  towns  of  Petersburg, 
Adrian,  Hillsdale  and  thence  to  Coldwater,  by  the  way  Route  of,  &c. 
of  Jonesville,  if  deemed  the  most  practicable  route,  and 
from  thence  to  Lake  Michigan,  on  the  line   heretofore 
established  as  the  line   of  the  Southern  Rail-Road   by 
the  state,  or  anywhere  further  southward  than  said  line, 
and  also  from  the  junction  of  the  Tecumseh  branch  with    Branch, 
the  said  Southern  Rail-Road,  to  pass  through  the  villages 
of  Tecumseh  and  Clinton,  to  the  village  of  Manchester, 
in  the  county  of  Washtenaw,  in  this  state,  and  to  trans- 
port, take  and  carry  property  and  persons  upon  said 
rail-road  or  way,  by  power  and  force  of  steam,  or  of  ani- 
mals, or  of  any  mechanical  or  other  powers,  or  any  com- 
bination of  them  which  said  company  may  choose  to  use 
or  apply.     And  for  the  purpose  of  constructing  said  rail-    width  of 
road  or  way,  said   company  shall  have  authority   and 
power  to  lay  out,  designate  and  establish  their  road  in 
width  not  exceeding  one  hundred  and  fifty  feet,  through    Take  land 

J  '  '.    150  feet  wide. 

the  entire  line  thereof,  and  may  take,  have  and  appropri- 
ate to  their  use  all  such  lands  so  designated  for  the  line 
or  construction  of  said  road,  upon  first  paying  or  tender- 
ing therefor,  or  depositing  with  the  treasurer  of  the  state, 
subject  to  the  order  of  the  court  which  may  confirm  the 
inquisition  of  the  jury,  such  amount  of  damages  as  shall 
have  been  settled  by  appraisal  in  the  manner  hereinafter 
provided,  on  all  such  lands  as  may  be  taken  westwardly 


112 

from  the  village  of  Hillsdale,  or  northwardly  of  Tecum- 
seh,  on  the  Tecumseh  branch,  or  upon  any  new  track  that 
may  be  located  by  said  company  ;  and  for  the  purpose  of 
cuttings  and  embankments,  and  for  the  obtaining  of  stone, 
ttonai  land!" sail(^  an^  gravel,  may  take  and  appropriate  as  much  more 
of  land  as  may  be  necessary  for  the  proper  construction 
and  security  of  said  road,  and  for  constructing  shops, 
depots  and  other  proper,  suitable  and  convenient  fixtures 
in  connection  with,  and  as  appurtenances  to  said  rail- 
road, may  take,  have,  use  and  occupy  any  lands  on  either 
side  of  said  rail-road,  not  exceeding  two  hundred  feet  in 
depth  from  said  rail-road,  the  said  company  taking  all 
such  lands  as  gifts,  or  purchasing  or  making  satisfaction 
for  the  same,  in  manner  hereinafter  provided.  And  no 
other  roads  rail- road. or  rail-roads  from  the  eastern  or  southern  bound- 
constructed  ary  of  the  state  shall  hereafter  be  authorized  to  be  built 

within     five       J 

miles.  or  constructed  by  or  under  any  law  of  this  state,  any  por- 
tion of  which  shall  approach  westwardly  of  the  township 
of  Monroe,  in  the  county  of  Monroe,  within  five  miles  of 
the  line  of  said  rail-road,  as  designated  in  this  act ;  nor 
shall  any  rail-road  or  rail-roads  be  so  authorized  to  be 
.  built  or  constructed  which  shall  commence  within  twenty 
miles  of  the  city  of  Monroe,  and  extend  to  Lake  Michi- 
gan, or  the  southern  boundary  line  of  the  state,  and  the 
line  of  which  shall,  on  an  average,  run  within  twenty 
miles  of  the  main  line  of  the  said  Michigan  Southern 
Rail-Road  :  Provided,  That  this  section  shall  not  be  con- 
strued to  restrict  or  prevent  the  construction  of  public 
roads  or  canals,  or  private  ways,  under,  above  or  across 
the  road  of  said  company,  when  deemed  expedient,  but 
so  as  not  necessarily  to  obstruct  the  same. 

TO  be  finish-     SEC.  6.  The  said  Michigan  Southern  Rail-Road  Com- 

wxter,  &c!d~pany  are  hereby  required  to  construct,  finish  and  put  in 
operation  the  said  rail-road  from  Hillsdale,  in  the  county 
of  Hillsdale,  to  Coldwater,  in  the  county  of  Branch,  with- 

Four years,  in  four  years  from  and  after  the  passage  of  this  act ;  also, 
to  construct  and  put  in  operation  the  rail-road  from  Cold- 
water  aforesaid,  to  some  eligible  point  on  St.  Joseph 


113 

river,  in  the  county  of  St.  Joseph,  in  this  state,  within 
four  years  thereafter  ;  and  also  construct,  finish  and  put  Eight  years. 
in  operation  the  said  Southern  Rail-Road  from  the  St. 
Joseph  river,  in  the  county  of  St.  Joseph,  to  the  village 
of  ]N"iles,  on  the  St.  Joseph  river,  in  the  county  of  Ber- 
rien,  within  twelve  years  from  the  passage  of  this  act  ;       Twelve 
and  said  Southern  Rail-Road  Company  shall,  also,  within  ye< 
three  years*  after  the  passage  of  this  act,  extend,  con-  Three  years. 
struct  and  complete  the  Tecumseh  branch,  from  tho  vil-    Branch- 
lage  of  Tecumseh,  by  way  of  Clinton,  to  the  village  of 
Jackson,  by  way  of  Manchester,  and  along  the  line  of 
the  rail-roads  formerly  authorized  to  be  constructed  by  the 
Jacksonburg  and  Palmyra  Rail-Road  Company,  or  so  far 
along  the  same  as  may  not  conflict  with  the  provisions  of 
an  act  entitled,  "  An  act  to  authorize  the   sale  of  the- 
Central  Rail-Road  and  to  incorporate  the  Michigan  Cen- 
tral Rail-Road  Company,"  approved  March  twenty-eight, 
eighteen  hundred  and  forty-six,  and  put  the  same  in  ope- 
ration with  sufficient  motive  power  to  do  the  business  of 
the  country  depending  on  said  branch  ;  and  in  case  the 
said  company  do  not  construct,  finish  and  put  in  opera- 


tion  that  portion  of  the  Southern  Rail-Road  'west  of  Hills-  obstructed. 

dalet  to  the  points  above  specified  within  the  times  above 

specified,  or  that  portion  of  the  Tecumseh  branch  road 

to  the  village  of  Manchester,  as  above  provided,  then  the 

charter  to  such  portion  of  either  of  said  roads  as  shall 

not  have  been  so  constructed  shall  become  forfeited  ;  and    Forfeiture. 

if  said  company  shall  not  extend  said  Southern  Rail- 

Road  west  from  Hillsdale,  as  above  provided,   or  said 

Tecumseh  branch  north  from  Tecumseh,  as  above  provid- 

ed, then  any  person  or  persons  may  subscribe  stock  .for  when  other 

.  it      .   i  /»        •  i  j  f     i  •'         stock  may  be 

the  extension  ot  either  01  said  roads  to  any  ot  the  points  subscribed. 
above  named  ;  and   when   a  sufficient  amount  of  stock 
shall  be  so  subscribed  and  paid  in  for  such  extension, 
then  the  directors  of  said  company  shall  cause  the  road 
to  be   constructed,  without  unnecessary  delay,  to  such 

*Extended  three  years  more,  March  31,  1849. 

8 


114 

point ;  and  when  said  extension  shall  be  completed,  the 
shares  on  the  road  so  extended  shall  be  entitled  to  a  divi- 
dend of  the  net  profits  of  said  road  in  proportion  to  the 
amount  of  instalments  paid  in  on  the  respective  shares 
of  said  company ;  and  if  said  company  shall  not  extend 
said  Southern  Rail-Eoad  west  from  Hillsdale,  within  the 
time  as  above  provided,  or  said  Tecumseh  branch,  north 
from  Tecumseh,  within  the  time  as  above  provided,  then 
the  incorporators  shall,  within  one  year  thereafter,  cause 

Books  open,  books  to  be  opened  at  such  times  and  places  as  they  shall 
direct,  for  the  purpose  of  receiving  subscriptions  to  the 
capital  stock  of  said  company  for  the  purpose  of  extend- 
ing said  roads,  or  either  of  them,  to  any  of  the  points 
above  named,  and  then  any  person  or  persons  may  sub- 
scribe stock  for  the  extension  of  either  of  said  roads  to 
any  of  the  points  above  named ;  and  when  a  sufficient 
amount  of  stock  shall  be  so  subscribed  and  paid  in  for 
such  extension,  then  the  directors  of  said  company  shall 
cause  the  road  to  be  constructed,  without  unnecessary 
delay,  to  such  point ;  and  when  said  extension  shall  be 
completed,  the  shares  on  the  road  so  extended  shall  be 
entitled  to  a  dividend  of  the  net  profits  of  said  road  in 
proportion  to  the  amount  of  instalments  paid  in  on  the 
respective  shares  of  said  company ;  and  said  shares  thus 
subscribed  and  paid  in  shall  be  capital  stock  of  said  com- 
pany, and  the  persons  so  subscribing  and  paying  shall  be 
stockholders  in  said  company,  and  entitled  to  all  rights 
and  privileges  of  the  original  stockholders  of  said  company. 
May  enter  SEC.  ^-  The  said  company,  and  under  their  direction, 

upon  lands.  faQ[r  agents,  servants  and  workmen,  are  hereby  author- 
ized and  empowered  to  enter  into  and  upon  the  lands 
and  grounds  of  or  belonging  to  the  state,  or  to  any  person 
or  persons,  bodies  politic  or  corporate,  and  to  survey  and 

For  surveys,  take  levels  of  the  same,  or  any  part  thereof,  and  to  set 
out  and  ascertain  such  parts  as  they  shall  think  necessary 
and  proper  for  making  said  rail-road,  with  one  or  more 
sets  of  tracks  or  rails,  and  for  all  the  purposes  connected 
with  said  rail-road,  for  which  the  said  company,  by  the 


115 

last  preceding  section,  is  authorized  to  take,  have  or  ap- 
propriate any  lands,  and  to  fell  and  cut  down  all  timber  cut  umber. 
and  other  trees  standing  or  being  within  one  hundred 
feet  on  each  side  of  said  line  of  rail-road,  the  damages 
occasioned  by  the  felling  of  such  trees,  unless  otherwise 
settled,  to  be  assessed  and  paid  in  the  manner  hereinafter 
provided  for  assessing  and  paying  damages  for  land  taken 
for  the  use  of  said  company  ;  and  also,  to  make,  build,  Ar»d  make 
erect  and  set  up  in  and  upon  the  route  of  said  rail-road, 
or  upon  the  land  adjoining  or  near  the  same,  all  such 
works,  ways,  roads  and  conveniences  as  may  be  requisite 
and  convenient  for  the  purposes  of  said  rail-road ;  and 
also,  from  time  to  time,  to  alter,  repair,  amend,  widen  or  May  alter 

'  .  road. 

enlarge  the  same,  or  any  of  the  conveniences  above  men- 
tioned, as  well  for  the  carrying  or  conveying  goods,  com- 
modities, timber  or  other  things  to  and  upon  the  said 
rail-road,  as  for  carrying  or  conveying  all  manner  of 
materials  necessary  for  making,  erecting,  furnishing, 
altering,  repairing,  amending,  widening  or  enlarging  the 
works  of  or  connected  with  said  rail-road,  and  to  contract 
or  agree  with  the  owner  or  owners  thereof,  for  earth, 
timber,  gravel,  stone  or  other  materials,  or  any  articles 
whatsoever,  which  may  be  wanted  in  the  construction  or 
repair  of  said  road,  or  any  of  its  works  and  appurtenances ; 
and  also,  to  niake,  repair,  maintain  and  alter  any  fences 
or  passages  under  or  through  the  said  rail-road,  or  which 
shall  communicate  therewith,  and  to  construct,  erect  and 
keep  in  repair  any  piers,  arches  or  other  works  in  and 
upon  and  across  any  rivers  or  brooks,  for  making,  using 
or  maintaining  the  said  rail-road  and  side  paths,  and  also 
to  construct,  make  and  do  all  other  matters  and  things 
which  may  be  necessary  and  convenient  for  making, 
effecting  and  preserving,  improving,  completing  and 
using  the  said  rail-road,  in  pursuance  of  and  within  the 
true  intent  and  meaning  of  this  act ;  they,  the  said  com- 
pany, doing  as  little  damage  as  possible  in  the  execution 
of  the  several  powers  to  them  hereby  granted,  and  making 
satisfaction  in  manner  hereinafter  mentioned,  for  all 


116 

damages  to  be  sustained  by  the  owners  or  occupiers  of 
said  lands,  tenements  and  hereditaments. 

May  hold  SEC.  8.  The  said  company  shall  have  power  and 
authority  to  receive,  take  and  hold  all  such  voluntary 
grants  and  donations  of  land  and  real  estate  for  the  pur- 
pose of  said  rail-road,  as  may  or  shall  be  made  to  said 
company,  to  aid  in  the  construction,  maintenance  and 
accommodation  of  said  rail-road,  and  said  company  may 

Agree  with  contract  and  agree  with  the  owners  or  occupiers  of  any 
lands  upon  which  said  company  may  wish  to  construct  the 
said  rail-road  or  way,  or  which  said  company  may  wish 
to  use  or  occupy  for  the  purpose  of  excavation,  or  of  pro- 
curing stone,  sand,  gravel,  earth  or  other  materials  to  be 
used  in  embankments  or  otherwise,  in  or  about  the  con- 
struction, repair  or  enjoyment  of  said  rail-road,  or  which 
said  company  may  wish  to  occupy  in  any  manner  or  for 
any  purpose  or  purposes  connected  with  said  rail-road, 
for  the  use  of  which  said  company  is  authorized  or  em- 
powered by  this  act  to  take,  have  or  appropriate  any 
lands,  and  to  receive  and  take  grants  and  conveyances 
of  any  or  all  such  lands,  and  of  any  or  all  interests  or 
estate  therein,  to  them  and  their  successors  or  assigns  in  fee 

if  not  agree,  or  otherwise ;  and  in  case  said  company  cannot  agree  with 
the  owners  or  occupiers  of  such  lands  as  aforesaid,  so  as 

when  dam-  to  procure  the  same  by  the  voluntary  deed  or  act  of  such 

ages    to    be  .          ,1  /?  -^ii 

alkeesed  by  owners  or  occupiers  thereof ;  or  it  the  owners  or  occupiers, 
or  either  or  any  of  them  be  a  feme  covert,  under  age,  non 
compos  mentis,  unknown  or  out  of  the  county  in  which 
the  land  or  property  wanted  may  lie  or  be  situate,  appli- 
cation may  be  made  to  the  circuit  court  commissioner,  or 
either  of  the  associate  judges  of  such  county  in  which  the 
lands  are  situate,  or  a  judge  of  the  supreme  court,  pre- 
procsKs.  vious  notice  of  such  application  having  been  given  to 
the  owner  or  occupier  of  the  land  to  be  taken,  either  by 
personal  service  of  such  notice,  ten  days  before  making 
such  application,  or  by  public  advertisement,  for  three 
weeks  previous  to  such  application,  in  some  newspaper 
printed  in  the  same  county,  if  there  be  one  ;  and  if  there 


117 

be  none  so  printed  in  the  same  county,  then  such  notice  process  for 
to  be  published  in  a  newspaper  printed  in  an  adjoining 
county,  if  there  be  any  newspaper  printed  in  an  adjoin- 
ing county ;  and  if  there  be  no  paper  so  printed  in  an 
adjoining  county,  such  notice  to  be  published  in  the  state 
paper,  if  there  be  one,  and  if  there  be  none,  then  in  some 
newspaper  printed  in  the  city  of  Monroe ;  such  notice  to 
describe  the  lands  proposed  to  be  taken  by  the  company, 
or  touching  which  damages  are  to  be  assessed  by  the 
section  and  quarter-section,  or  any  other  legal  sub-division; 
or  if  in  a  city  or  village,  by  the  section,  block  and  num- 
ber of  the  lot,  or  by  some  other  suitable  and  proper  de- 
scription; and  evidence  of  the  publication  of  such  notice 
may  be  perpetuated  by  an  affidavit,  duly  made  by  the 
printer  or  publisher  of  the  newspaper  in  which  such 
notice  was  published,  such  affidavit,  to  be  made  within 
three  months  after  the  last  publication  of  such  notice, 
shall  be  prima  facia  evidence  of  the  facts  therein  set 
forth ;  and  the  commissioner  or  judge  to  whom  such  ap- 
plication shall  be  made,  shall  thereupon  proceed  to  the  office 
of  the  clerk  of  said  county,  and  direct  him  to  draw  twelve 
names  from  the  petit  jury-box  of  the  county,  and  the  Jury  drawn, 
clerk  shall  thereupon  draw  twelve  names  from  such  box 
accordingly,  and  the  said  judge  or  circuit  court  commis- 
sioner, to  whom  such  application  was  mader  shall  there- 
upon issue  his  warrant  under  his  hand  and  seal,  inserting 
therein  the  twelve  names  so  drawn  by  the  clerk,  and  the 
twelve  names  so  drawn  from  the  petit  jury-box  shall  be 
thereupon  deposited  again  by  the  clerk  in  said  box,  and 
the  warrant  so  issued  as  aforesaid  shall  be  directed  to  the 
sheriff  of  said  county,  or  if  the  sheriff  be  interested,  then  to 
one  of  the  coroners  of  said  county,  requiring  him  to  sum- 
mon the  twelve  persons  whose  names  are  inserted  in  such  summoned. 
warrant  as  jurors,  to  meet  on  or  near  the  land,  or  pro- 
perty, or  materials  to  be  valued,  or  touching  which  dama- 
ges are  to  be  assessed,  on  a  day  named  in  said  warrant, 
not  less  than  five  nor  more  than  ten  days  after  the  issuing 
of  the  same  ;  and  if  at  the  said  time  and  place  any  of  the 


118 

persons  summoned  do  not  attend,  the  said  sheriff  or  coro- 
ner shall  immediately  summon  as  many  as  may  be  ne- 
cessary, with  the  persons  in  attendance  as  jurors,  to 
furnish  a  panel  of  twelve  jurors,  and  from  whom  each 
party,  or  his,  her  or  their  agent  or  attorney,  or  if  either 
be  not  present  in  person  or  by  agent,  the  sheriff  or  coro- 
ner for  him,  her  or  them,  may  strike  off  three  jurors,  and 
the  remaining  six  shall  sit  as  a  jury  of  inquest  of  dama- 
ges ;  and  before  they  act  as  such,  the  sheriff  or  coroner 

oath.  shall  administer  to  each  of  them  an  oath  or  affirmation 
that  they  will  justly  and  impartially  value  the  damages 
which  the  owners  or  occupiers  have  sustained  or  will 
sustain  by  the  use  or  occupation  of  the  land,  or  taking  of 
the  materials  or  property  required  by  said  company,  and 

inquisition  the  iury  shall  reduce  their  inquisition  to  writing,  and  shall 

tobeinwri-    .      J         ,  '  ..,„,. 

tins  and      sign  and  seal  the  same,  and  two  originals  of  such  inquisi- 

sealed. 

tion  shall  be  made  and  executed  on  the  same  day,  one  of 
which  shall  be  delivered  to  the  said  company,  and  the 
other  to  the  party  claiming  compensation  ;  and  the  pro- 
perty taken,  and  the  boundaries  of  the  land  to  be  taken 
or  occupied  by  the  said  company,  touching  which  the 
inquisition  is  made,  and  a  map  thereof,  shall  be  set  forth 
rued  in  in  such  inquisition ;  and  such  inquisition  shall  be  filed 
in,  and  shall  also  be  confirmed  by  the  circuit  court  of 
said  county,  at  its  next  session,  upon  motion  for  that 
purpose  made,  if  no  sufficient  cause  to  the  contrary  be 
shown  ;  and  when  confirmed,  the  same  shall  be  recorded 
by  the  clerk  of  such  court  at  the  expense  of  said  company, 
but  if  not  confirmed,  another  inquisition  may  be  taken, 
in  the  manner  above  specified,  and  costs  on  such  second 
inquisition  shall  be  awarded  by  the  court  in  their  discre- 
tion to  be  paid  by  either  party :  Provided,  That  in  the 
taking  of  any  inquisition  authorized  by  this  section,  it 

witnesses,  shall  be  competent  for  said  company  and  said  owner  or 
occupier,  or  either  of  them,  to  appear  .before  said  jury 
and  introduce  evidence  under  the  ordinary  rules  of  law, 
the  foreman  of  the  jury  being  hereby  authorized  to  acl- 

oath.       minister  the  proper  oath  therefor.    And  the  money  assessed 


119 

as  the  valuation  in  any  such  inquisition,  by  the  jury  Money  paid, 
aforesaid,  being  paid  or  legally  tendered  to  the  party 
entitled  to  the  same,  or  deposited  with  the  state  treasurer, 
subject  to  the  order  of  the  court  confirming  the  inquisi- 
tion as  aforesaid,  the  property  so  taken  and  valued  shall  Property  to 

T     ,    i        i  •  i  f   n  vest  in  Co. 

immediately  thereupon  vest  in  said  company  as  fully  as 
if  the  same  had  been  transferred  by  lawful  deed,  by  the 
owner  or  occupier  thereof,  for  such  term  of  time  as  the 
same  may  be  required  for  the  purposes  authorized  by  this 
act ;  and  in  case  the  party  entitled  to  receive  such  money 
shall  not  appear  before  the  jury  which  makes  the  inqui- 
sition, and  make  claim  to  such  lands,  or  shall  not  appear 
to  demand  or  accept  the  money  assessed  as  the  valuation 
in  any  such  inquisition,  then  a  deposit  with  the  treasurer 
of  the  state  of  the  amount  of  money  assessed  as  the  valu- 
ation or  damages  by  any  such  inquisition,  together  with 
a  certified  copy  of  the  inquisition,  shall  be  considered 
equivalent  to  payment  or  a  tender  thereof  to  the  person 
entitled  to  the  same ;  and  the  state  treasurer  shall  receive 
and  keep  account  of  all  moneys  so  received  into  the  state 
treasury,  and  shall  pay  them  to  the  parties  entitled  there- 
to, on  the  order  of  the  chancellor ;  and  such  inquisition,  Effect  of 
when  confirmed,  shall  have  the  effect  of  a  judgment,  andm< 
execution  may  be  ordered  to  issue  thereon  against  said 
company,  in  favor  of  the  person  to  whom  damages  were 
awarded  by  such  inquisition  and  confirmation  thereof,  at 
the  expiration  of  sixty  days  from  the  time  of  such  confir- 
mation, unless  prior  thereto  said  company  shall  have 
satisfied  the  damages  found  or  assessed  by  such  inquisi- 
tion in  manner  aforesaid  ;  and  if  at  any  time  it  shall  by 
any  means  happen  that  said  company  shall  be  in  posses- 
sion or  occupancy  of  any  land,  the  title  to  which  or  the 
full  right  of  use  and  occupancy  whereof,  for  the  purposes 
of  said  company  in  manner  aforesaid,  shall  not  have 
been  duly  relinquished  to  or  vested  in  said  company, 
then  in  any  and  all  such  cases  said  company  may  acquire 
such  title  or  rights  of  use  and  occupation  by  voluntary 
grant  thereof,  or  by  inquisition  thereupon  and  therefor, 


120 

to  be  made  and  found,  and  the  payment  of  the  value  or 
damages  found  or  assessed  in  manner  and  form  above 
prescribed ;  and  the  commissioner  or  judge  issuing  the 
warrant,  and  the  sheriff  or  coroner  and  jurors  to  be  sum- 
moned under  this  act  shall  be  entitled,  for  the  services 
rendered  by  them,  to  such  compensation  as  may  be  fixed 
therefor  by  the  chancellor,  by  an  order  for  that  purpose 
to  be  made  by  him,  and  which  costs  shall  be  paid  by  said 
company. 
May  cross  SEC.  9.  "Whenever,  in  the  construction  of  said  rail-road, 

roads. 

it  shall  be  necessary  to  cross  or  intersect  any  established 
road,  it  shall  be  the  duty  of  said  company  so  to  construct 
the  said  rail-road  across  such  established  road  as  not  un- 
necessarily to  impede  the  passage  of  persons  or  property 
along  the  same ;  and  when  it  shall  be  necessary  to  con- 
struct it  through  the  lands  of  any  individual,  it  shall  be 
Provide pri- their  duty  'to  provide  for  such  individual,  proper  wagon- 
ings,          ways,  and  keep  the  same  in  repair,  across  said  rail-road 

from  one  part  of  his  land  to  another. 

or  Habie  to  SEC.  10.  If  said  company  shall  neglect  to  provide  proper 
wagon-ways  across  said  rail-road,  and  keep  the  same  in 
repair,  as  required  by  the  preceding  section  of  this  act, 
it  shall  be  lawful  for  any  individual  to  sue  such  company, 
and  to  recover  damages  for  such  neglect  or  refusal  on  the 
part  of  said  company. 
May  charge  SEC.  11.  The  said  company  shall  have  power  to  pur- 

for  tranapor-  •  i       i        />        i         />     i 

tation.         chase  with  the  funds  01  the  company,  or  contract  for  and 
place  on  any  rail-road  constructed  by  them  under  this  act, 
all  machines,  wagons,  carriages  or  vehicles  of  any  de- 
scription which  they  may  deem  necessary  and  proper  for 
the  purposes  of  transportation  on  said  rail-road,  and  they 
shall  have  power  to  charge  for  tolls  and  transportation 
such   sums    as    shall   be    lawfully  established    by   the 
by-laws  of  said  company,  not  exceeding  the  rates  charged 
Not  exceed- upon  said  Southern  Kail-Road  on  the  first  day  of  Janu- 
mg,  &c        ai-y  jagt .  anj  .j.  gjia]}  not  ke  iawfu]  for  anv  other  company, 

or  any  other  person  or  persons  to  transport  any  passen- 
gers or  merchandise,  or  property  of  any  description  what- 


121 

ever,  upon  said  rail-road  or  any  part  of  it,  without  the 
license  or  permission  of  said  company  ;  and  the  said  rail- 
road, with  all  its  improvements,  works  and  profits,  and 
all  machinery  used  on  said  rail-road  for  transportation, 
and  all  the  machine  shops,  depots,  buildings  and  edifices 
connected  with  said  rail-road  shall  be  vested  in  the  said 
company  forever ;  and  the  shares  of  the  capital  stock  of 
said  company  shall  be  considered  personal  property,  and  shares  con- 
shall  be  transferable  on  the  books  of  said  company  agree-  sona?  p?op- 
ably  to  the  by-laws  of  said  company,  and  subject  to  be 
taken  in  execution  agreeably  to  such  laws  as  are  or  may 
hereafter  be  in  force. 

SEC.  12.  The  said  company  shall  have  full  power  and      May  de- 
authority  to  demand  and  recover  and  take  the  tolls  or  amfdues.0  s 
dues  to  and  for  their  own  proper  use  and  benefit  on  all 
goods,    merchandise     and    passengers    using    or    occu- 
pying the    said    rail-road,    or  any    other    convenience, 
erection  or  improvement  built,  occupied  or  owned  by  the 
said  company,  to  be  used  therewith,  and  shall  have  power 
to  regulate  the  time  and  manner  in  which  goods  and  pas-      Regulate 
sengers  shall  be  transported,  taken  and  carried  on  the  storage. 
same,  as  well  as  the  manner  of  collecting  all  tolls  and 
dues  on  account  of  transportation  and  carriage,  and  stor- 
age, and  shall  have  full  power  to  erect  and  maintain  such 
toll-houses  and  other  buildings  for  the  accommodation  and    Buildings, 
proper  transaction  of  their  business  as  to  them  may  seem 
necessary  :  Provided,  That  at  the  eastern  termination  of 
said  rail-road,  no  greater  or  higher  charges  shall  be  al- 
lowed or  charged  for  the  storage  or  shipment  of  property  storage  not 
than  shall  be  charged  or  allowed  for  like  service  by  the  &c. 
Michigan  Central  Rail-Road  Company  at  the  eastern 
termination  of  the  Michigan  Central  Rail-Road. 

SEC.  13.  Whenever  it  shall  be  necessary  for  the  con-    May  cross 
struction  of  their  rail-road  to  intersect  or  cross  any  stream  w^ter? 
of  water,  or  water-course,  or  road  or  highway  lying  on 
the  route  of  the  said  rail-road,  it  shall  or  may  be  lawful 
for  the  company  to  construct  their  rail-road  across  or  upon 
the  same :  Provided,  That  the  said  company  shall  restore 


122 

the  stream  or  water-course,  road  or  highway  thus  inter- 
sected or  crossed  to  its  former  state,  or  in  a  sufficient 
manner  not  unnecessarily  to  impair  its  usefulness. 

Dividends.  SEC.  14.  The  said  company  may  annually  or  semi-an- 
nually  make  such  dividend  as  they  may  deem  proper, 
of  the  net  profits,  receipts  or  income  of  the  said  com- 
pany, deducting  the  necessary  expenses  ;  and  they  shall 
make  the  dividend  among  the  stockholders  of  the  said 
company  in  proper  proportions  to  their  respective  shares : 
Provided,  That  no  such  dividend  shall  exceed  six  per 
cent,  per  annum  until  after  the  whole  amount  of  the  pur- 
chase money  and  interest  thereon  shall  have  been  paid 
to  the  state. 

May  regu-     SEC.  15.  It  shall  and  may  be  lawful  for  the  said  com- 

late  tolls.  .  * 

pany  from  time  to  time  to  fix,  regulate  and  receive  the 
tolls  and  charges  taken  for  the  transportation  of  property 
and  persons  on  said  rail-road,  as  aforesaid,  hereby  au- 
thorized to  be  constructed,  erected,  built,  made  and  used, 
and  for  storage  of  property  remaining  in  the  depot  of  said 
company,  if  not  taken  away  as  hereinafter  provided  : 
Not  to  ex-  Provided.  Said  company  shall  charge  no  greater  sum  or 

ceed,  &c.  • 

tolls  for  the  transportation  of  persons  or  property  than 
were  charged  or  authorized  by  the  state  of  Michigan  to 
be  taken  on  the  Southern  Rail-Road,  on  the  first  day  of 
January  last ;  and  said  company  shall  transport  mer- 
chandise and  property  on  the  said  road  without  showing 
partiality  or  favor,  and  with  all  practicable  despatch, 
Transport  under  a  penalty  for  each  violation  hereof  of  one  hundred 

without    fa-  . 

vor.  dollars,  to  be  recovered  by  the  party  aggrieved  in  an 

action  of  debt :  Provided,  nevertheless,  That  soldiers, 
sailors  and  marines,  and  their  officers,  in  the  service  of 
this  state  or  of  the  United  States,  and  officers  of  the  army 
and  navy  of  the  United  States,  and  arms,  ordnance,  mili- 
tary stores  and  munitions  of  war,  shall,  upon  request 

Troops,  &&,  made  by  the  proper  authority,  take  priority  and  prece- 
dence, first  in  favor  of  this  state,  and  secondly  in  favor  of 
the  United  States,  and  shall  be  transported  upon  said 


123 

rail-road  before  and  in  exclusion  of  all  other  persons  and 
property. 

SEC.  16.  The  said  company  may  charge  and  collect  a  May  charge 
reasonable  sum  for  storage  upon  all  property  which  shall  °r 
have  been  transported  by  them,  upon  delivery  thereof  at 
any  of  their  depots,  and  which  shall  have  remained  in 
any  of  their  depots  more  than  four  days  :  Provided,  That 
elsewhere  than  at  their  Monroe  depot  the  consignee  shall  AftemoHce. 
have  been  notified,  if  known,  either  personally  or  by 
notice  left  at  his  place  of  business  or  residence,  or  by 
notice  sent  by  mail,  of  the  receipt  of  such  property,  at 
least  four  days  before  any  storage  shall  be  charged  ;  and 
at  the  Monroe  depot  such  notice  shall  be  given  twenty- 
four  hours  (Sundays  excepted)  before  any  storage  shall 
be  charged  ;  but  such  storage  may  be  charged  after  the 
expiration  of  said  twenty-four  hours,  upon  goods  not  taken 
away :   Provided,  That  in  all  cases  the  said  company 
shall  be  responsible  for  goods  in  deposit  in  any  of  their  Liability  of 
depots,  awaiting  Delivery,  as  warehousemen  and  not  as  c°' 
common  carriers.     And  if  said  company  shall  charge  or 
take  any  remuneration  for  storage  of  goods  otherwise  than 
as  aforesaid,  it  shall  forfeit  and  pay  to  the  state  of  Michi- 
gan in  each  case  for  so  doing  the  sum  of  fifty  dollars. 

SEC.  17.  The  said  company  shall  have  power  and  au-  May  own 
thority  to  own,  charter  or  hire,  and  to  employ  and  use,  in  g^is.8  ° 
the  navigation  of  the  lakes  and  rivers,  and  waters  con- 
necting the  same,  and  the  parts  thereof,  boats  or  vessels, 
propelled  by  steam  or  other  power,  not  to  exceed  six  in 
number,  for  the  purpose  of  the  transportation  and  car- 
riage of  persons  and  property  to  and  from  the  ports  upon 
the  said  waters.  And  said  company  may  demand  and 
receive  such  rates,  price  and  remuneration  for  the  trans- 
portation of  persons  and  property,  on  such  boats  or  ves- 
sels as  to  it  shall  seem  meet  and  proper.  And  said  com- 
pany shall  have  full  authority  to  purchase,  contract  for, 
construct,  repair,  manage,  control,  sell  and  dispose  of 
any  and  all  such  boats  and  vessels  as  are  contemplated 
in  this  section,  and  to  exercise  any  and  every  such  power 


124 

• 

in  relation  to  any  and  all  such  boats  or  vessels  as  an  in- 
dividual  person   might  or   could   lawfully   exercise  in 
regard  thereto, 
sidetrack     SEC.  18.  Whenever  it  shall  be  necessary  for  the  conve- 

may  be  eon-     .  ,,     .  ,  , .  .     .  , . 

siructed.  nience  01  the  public  or  persons  receiving  or  sending  pro- 
perty by  said  rail-road,  the  said  company  shall  permit  side 
tracks  to  intersect  their  main  road  at  any  depot  on  or 
And  used,  along  the  line  of  said  road,  and  that  such  persons  shall 
be  entitled  to  have  any  property  taken  from  such  side 
tracks,  under  the  direction  and  regulations  of  said  com- 
pany, without  unreasonable  delay ;  and  for  the  non-per- 
formance by  said  company  of  any  act  by  this  section  re- 
Forfeiture,  quired  to  be  done,  said  company  shall  forfeit  and  pay  to 
the  party  aggrieved  the  sum  of  fifty  dollars  in  such  case, 
to  be  recovered  in  an  action  of  debt. 

Franchises.  SEC.  19.  From  the  time  when  the  franchises  granted 
by  this  act  shall  vest  in  said  Michigan  Southern  Rail-Road 
Company,  said  company  thenceforward  and  ever  after- 
ward, (save  on  the  first  day  of  the  ^eek,  or  in  case  of 
accident,  which  shall  prevent,)  shall  keep  open  for  public 
Eoa*  re- use,  and  in  good  repair,  and  with  sufficient  motive  power 
run?  n  and  cars  for  the  transportation  of  persons  and  property, 
under  such  by-laws  as  said  company  may  lawfully  make, 
so  much  of  their  rail-road  in  this  act  mentioned  and  de- 
scribed as  shall  extend  from  the  city  of  Monroe  to  the 
village  of  Hillsdale  ;  and  the  said  rail-road  between  the 
city  of  Monroe  and  Adrian  shall  at  all  times  be  kept  in 
Additional  all  respects  in  as  good  condition  and  repair  as  the  road 
between  Adrian  and  Hillsdale ;  and  the  motive  power 
and  cars  of  all  descriptions  shall  at  all  times,  on  that  por- 
tion of  the  road  between  Monroe  and  Adrian,  be  in  no 
respect  inferior  either  in  quality  or  quantity  to  those  on 
that  part  of  the  road  west  of  Adrian ;  and  whenever  the 
T  ran.  said  company  shall  put  a  T  rail  or  other  heavier  iron  rail 
than  is  now  laid  on  said  road,  on  any  portion  of  the  line 
of  said  road,  the  said  company  shall  first  relay  the  track 
between  Monroe  and  Adrian,  and  place  such  heavier 
iron  on  said  track  between  Monroe  and  Adrian  before 


125 

such  heavier  iron  shall  be  placed  on  the  road  between 
Adrian  and  Hillsdale;*  and  so  soon  as  said  company 
shall  have  constructed  and  completed  and  opened  for  the 
transportation  of  persons  and  property,  that  portion  of 
said  rail-road  which  shall  extend  from  Hillsdale  aforesaid 
to  Lake  Michigan  aforesaid,  and  every  portion  thereof, 
which  shall  from  time  to  time  be  constructed  and  com- 
pleted between  said  village  of  Hillsdale  and  Lake  Michi- 
gan, thence  and  ever  thereafter  (save  on  the  first  day  of 
the  week,  or  in  case  of  accident,  which  shall  prevent) 
said  company  shall  keep  in  repair  and  open  for  public 
use,  for  the  transportation  thereon  of  persons  and  pro- 
perty, under  such  by-laws  and  regulations  as  said  com- 
pany may  lawfully  make,  an  entire  line  of  rail-road  from 
the  navigable  waters  of  Lake  Erie,  in  the  city  of  Monroe, 
to  Lake  Michigan.  The  said  company  shall  not  engage 
in  the  business  of  purchasing  for  sale,  produce  or  any  company 
other  merchandise  or  commodity,  nor  be  directly  or  indi-  fn0purch!sts* 
rectly  interested  in  the  profits  or  loss  of  any  such  business  ; 
and  after  the  completion  and  opening  of  said  road  to 
Lake  Michigan,  the  said  company  shall  always  keep  and 
have  upon  the  said  road  a  supply  of  motive  power  and  TO  have 
cars,  both  for  persons  and  property,  sufficient  for  the  ex-™"&vcep° 
peditious  and  convenient  transaction  of  all  business,  and 
transportation  of  all  persons  and  property  offering  for 
transportation  thereon,  according  to  the  usual  course  of 
business  upon  the  line  and  route  of  said  road  ;  and  said 
company  shall  at  all  times  receive  and  discharge  persons  Receive 
and  property  at  such  warehouses  and  places  along  the  oS'linef&c?' 
line  of  said  rail-road  as  such  persons  or  the  consignors  or 
owners  of  such  property  may  direct  or  require;  and  this, 
under  a  penalty  to  the  state  of  Michigan  of  five  thousand 
dollars  in  each  case,  for  neglecting,  for  the  space  of  thirty 
days,  to  comply  with  the  provisions  of  this  clause.  <•'•>'>%- 
SEC.  20.  The  corporate  stock  of  said  company  shall  be 
two  millions  of  dollars,  with  the  privilege  of  increasing 

*  Altered  March  31,  1849. 


126 

capital  the  same  to  three  millions  of  dollars,  and  to  be  divided 
into  shares  of  one  hundred  dollars  each,  which  shares 
shall  be  transferable  on  the  books  of  said  company  in 
such  manner  as  the  by-laws  of  said  company  shall  direct: 
Provided,  That  the  said  company  may  commence  busi- 
ness whenever  live  hundred  thousand  dollars  of  said  stock 
shall  have  been  subscribed. 

Directors.      SEC.  21.  The  nine  persons  first  named  in  the  first  sec- 
tion of  this  act  shall  be  the  first  directors  of  said  Michigan 
Southern  Rail-Road  Company,  and  at  their  first  meeting 
TO  elect  they  shall  elect  by  ballot  one  of  their  number  to  be  presi- 

presick'Ut.  J  J 

dent,  a  majority  or  whom  shall  be  competent  to  manage 
the  affairs  of  said  company ;  such  first  meeting  of  the 
directors  shall  be  held  at  a  time  and  place  to  be  fixed  by 
a  written  agreement  signed  by  all  of  said  directors,  or  at 
a  time  and  place  designated  by  a  notice,  to  be  signed  by 
a  majority  of  said  directors,  and  published  in  any  news- 
paper printed  in  Monroe,  Hillsdale  or  Detroit,  one  week 
next  preceding  the  time  for  such  meeting. 

way  open  SEC.  22.  Said  directors,  or  a  majority  of  them,  may 
open  books  to  receive  subscriptions  to  the  capital  stock  of 
said  company,  at  such  times  and  places  as  they,  or  a 
majority  of  them,  may  appoint,  and  shall  give  such  notice 
of  the  times  and  places  of  opening  said  books  as  they 
may  deem  reasonable,  and  shall  receive  such  subscrip- 
tions under  such  regulations  as  they  may  adopt  for  the 
purpose  ;  and  if  more  than  twenty  thousand  shares  of  the 
stock  shall  be  subscribed,  the  directors  shall  have  power 
to  make  the  shares  so  subscribed  the  capital  stock  of  said 
company  :  Provided,  They  shall  not  exceed  thirty  thou- 
sand shares ;  and  in  case  the  subscriptions  exceed  thirty 
thousand  shares,  the  same  shall  be  reduced  and  appor- 
tioned in  such  manner  as  may  be  deemed  most  beneficial 
to»the  company. 

Directors     SKC.  23.  To  continue  the  succession  of  president  and 

nunnj".   tin"  directors,  nine  directors  shall  be  chosen  annually,  on  the 

second  Monday  in  June,  at  such  place  in  this  state  as 

may  be  appointed  by  the  directors ;  and  no  person  shall 


127 

be  competent  to  act  as  a  director  who  is  not  a  stockholder 
and  a  citizen  of  the  United  States ;  and  if  any  vacancy 
shall  occur  by  death,  resignation  or  otherwise,  of  any 
president  or  director,  before  the  year  for  Avhich  he  was 
elected  shall  have  expired,  such  vacancy  for  the  re- 
mainder of  the  year  may  be  filled  by  the  directors  of  said  vacancies. 
company,  or  a  majority  of  them.  The  directors  of  said 
company  shall  hold  their  offices  until  a  new  election  of 
directors.  All  elections,  which  are  by  this  act,  or  by  the 
by-laws  of  the  company,  to  be  made  on  any  particular 
day,  if  not  made  on  such  day,  may  be  made  at  any  time 
within  six  months  thereafter,  notice  of  such  meeting 
being  given  in  the  manner  hereafter  prescribed  in  section 
twenty-five  of  this  act ;  and  on  all  occasions  when  a  vote  proxies. 
of  the  stockholders  is  to  be  taken,  each  and  every  share 
shall  entitle  the  holder  thereof  to  one  vote,  either  by  him- 
self in  pei-son,  or  by  proxy. 

SEC.  24.  In  case  it  shall  at  any  time  happen  that  an  Election, 
election  of  directors  shall  not  be  made  on  any  day,  when, 
pursuant  to  this  act  it  ought  to  have  been  made,  the  said 
corporation  shall  not  for  that  cause  be  deemed  to  be  dis- 
solved ;  but  such  election  may  be  subsequently  made, 
and  the  directors  chosen  for  the  year  preceding  shall  hold 
their  offices  until  such  election  shall  be  made. 

SEC.  25.  A  general  meeting  of  tlie  stockholders  of  said       General 
company  shall  be  holden  annually,  at  the  time  and  place  m* 
appointed  for  the  election  of  directors :  and  a  meeting       special 

i       •  i         •  11  meetings. 

may  be  called  at  any  time  during  the  interval  between 
such  annual  meetings  by  the  directors,  or  by  the  stock- 
holders owning  not  less  than  one-fourth  of  the  stock,  by 
giving  thirty  days'  public  notice  of  the  time  and  place  of 
meeting,  in  the  state  paper,  if  there  be  one,  and  if  there 
be  no  state  paper,  then  such  notice  shall  be  published  in  HOW  noti- 

.  ,  .       -T,  .  ,       fled. 

one  newspaper  printed  in  Detroit,  and  one  printed  in  the 
city  of  Monroe  ;  and  when  any  such  meeting  is  called  by 
the  stockholders,  the  particular  object  of  such  call  shall 
be  stated  ;  and  if,  at  any  meeting  thus  called,  the  stock- 
holders holding  a  majority  of  the  stock  are  not  present  in 


128 

person  or  by  proxy,  such  meeting  shall  be  adjourned 
from  day  to  day,  not  exceeding  three  days,  without  trans- 
acting any  business,  and  if  within  said  three  days,  stock- 
holders having  a  majority  of  the  stock  do  not  attend  such 
meeting,  then  the  said  meeting  shall  be  dissolved. 
President  SEC.  26.  At  the  regular  annual  meeting  of  the  stock- 

and  directors ,,..  ,,         .  ,  -ini  i-T 

to     exhibit  holders  ot  said  company,  it  shall  be  the  duty  of  the  pre- 

statement.  •         .  «• 

sident  and  directors  in  office  for  the  preceding  year,  to 
exhibit  a  clear  and  distinct  statement  of  the  affairs  of 
the  said  company ;  and  at  any  meeting  of  the  stockhold- 
ers, a  majority  of  those  present  in  person  or  by  proxy, 
may  require  similar  statements  from  the  directors,  whose 
duty  it  shall  be  to  furnish  them  when  thus  required  ; 
and  at  all  general  meetings  of  the  stockholders,  the  stock- 
holders holding  a  majority  of  the  stock  in  said  com- 
pany, may 'remove  any  president  or  any  of  the  directors  of 
said  company,  and  elect  other  directors  in  their  stead  : 
Provided,  Notice  of  such  intended  removal  has  been 
given  as  required  in  the  last  preceding  section. 
TO  pay  SEC.  27.  It  shall  be  lawful  for  the  directors  to  require 
shares,  &C?11  payment  of  the  sum  subscribed  to  the  capital  -stock  of 
said  company,  at  such  times  and  in  such  proportions,  and 
on  such  conditions  as  they  shall  deem  proper  and  neces- 
sary, in  the  execution  and  progress  of  the  work,  and  di- 
rect the  same  to  be  paid  to  the  treasurer  of  the  corpora- 
tion. And  the  treasurer  shall  give  notice  of  all  such 
assessments ;  and  in  case  any  subscriber  or  stockholder 

on  neglect  shall  neglect  to  pay  any  assessment  on  his  share  or  shares 
for  the  space  of  thirty  days  after  such  notice  is  given,  as 
shall  be  prescribed  by  the  by-laws  of  said  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share 
or  shares  at  public  auction,  after  giving  such  notice  as 
may  be  prescribed  as  aforesaid,  to  the  highest  bidder, 
and  the  same  shall  be  transferred  to  the  purchaser  on  the 
books  of  the  company,  by  the  president  thereof,  and 
such  delinquent  subscriber  or  stockholder  shall  be  held 

Liable  for  accountable  to  the  company  for  the  residue  of  the  assess- 

deflciency.  .    ^     -,  -,         \  -,          /•  i  i  <•  i  • 

ments,  not  satisfied  by  the  proceeds  01  such  sale  of  his 


129 

share  or  shares,  if  sold  for  less  than  the  assessments  due 
thereon,  with  the  interest  and  costs  of  sale,  and  such  costs 
and  interests  to  be  first  paid  from  the  proceeds  of  such 
sale,  and  shall  be  entitled  to  the  surplus,  if  his  share  or 
shares  shall  sell  for  more  than  the  assessments  due,  with 
interest  and  cost  of  sale :  Provided,  however,  That  no 
assessment  shall  be  laid  upon  any  shares  in  said  corpora- 
tion for  a  greater  amount  in  the  whole  than  one  hundred 
dollars  upon  each  share. 

SEC.   28.  The  said  directors,  or  a  majority  of  them, 

.  ,        ,  ,  .      t'  - 

shall  have  power  to  appoint,  contract  with  and  determine  cers. 

the  compensation  of  all  such  officers,  engineers,  agents 
and  servants  whomsoever,  as  they  may  deem  necessary 
for  the  transaction  of  the  business  of 'the  company,  and 
remove  them  at  pleasure,  and  the  said  directors,  or  a  ma- 
jority of  them,  shall  have  power  to  determine  the  man- 
ner and  evidence  of  the  transfers  of  the  stock  in  said  Transfers 
company,  and  they  shall  have  power  to  pass  all  by-laws  °  Bylaws. 
which  may  be  necessary  for  the  carrying  into  execution 
all  the  powers  vested  in  the  company  hereby  incorporat- 
ed: Provided,  Such  by-laws  shall  not  be  contrary  to  the 
constitution  or  laws  of  the  United  States,  or  of  this  state. 

SEC.  29.  The  directors  shall  have  full  power  to  conduct    powers  of 
the  affairs  of  said  company,  and  to  exercise  any  powers  1! 
which  said  company  might  exercise,  except  where  pro- 
vision is  made  by  this  act  for  the  exercise  of  such  pow- 
ers by  the  stockholders  at  their  annual  or  special  meet- 
ings, or  where  the  powers  of  the  directors  may  be  re- 
strained by  the  by-laws  of  said  company. 

SEC.  30.  The  directors  of  said  company  shall  annually,    Eeport  to 
on  or  before,  the  twenty -fifth  day  of  January,  make  a  re- sfaCtee.tdr: 
port  to  the  secretary  of  state,  which  shall  embrace  the 
business  of  the  preceding  year  to  the  first  day  of  Janu- 
ary, stating  the  length  of  their  road  in  operation,  cost  of 
construction,  and  the  indebtedness  of  the  company  for 
materials  or  work  in  progress  of  delivery  or  execution  on 
account  of  construction,  as  near  as  can  be  conveniently 
ascertained,  and  all  other  indebtedness,  if  any  there  be  ; 

9 


130 

the  amount  of  capital  stock  subscribed,  and  the  amount 
actually  paid  in,  and  all  loans  made  for  the  purposes 
mentioned  in  the  next  preceding  section ;  the  amount  of 
dividends,  receipts  from  freight,  from  passengers,  and 
from  all  other  sources  on  account  of  operating  the  road  ; 
the  number  of  through  and  way  passengers  respectively- 
the  expenditures  for  the  repair  of  the  road,  for  repairs  of 
engines  and  cars,  and  other  expenditures ;  which  three 
last  mentioned  items  shall  include  all  the  expenditures 
for  operating  the  road,  and  the  expenditures  made  for 
construction  during  the  year ;  the  number  of  engines,  of 
passenger,  freight  and  other  cars ;  the  average  number 
of  men  in  employment  of  the  company ;  the  number  of 
miles  run  by  passenger,  by  freight  and  other  trains; 
which  report  shall  be  verified  by  the  affidavit  of  at  least 
two  of  the  directors,  and  filed  in  the  office  of  the  secre- 
tary of  state. 

Annual  tax.     SEC.  31.  The  said  company  shall  pay  to  the  state  an 
Hair  per  annual  tax  of  one-half  of  one  per  cent,  upon  the  capi- 
tal stock  paid  in,  including  the  five  hundred  thousand 
dollars  of  purchase  money  paid,  or  to  be  paid  to  the 
state,   until  the  first  day   of  February,    eighteen  hun- 
dred   and  fifty-one,    and  thereafter    an    annual    tax  of 
Three  fourth  three-fourths   of  one   per   cent,  upon   its    capital  stock 
paid  in,  including  the   five   hundred  thousand   dollars 
of  purchase  money   aforesaid,  and  also  upon  all  loans 
made  to   said  company,  for  the   purpose  of  construct- 
ing said  rail-road,  or  purchasing,  constructing,  chartering 
or  hiring  of  steamboats  authorized  by  this  act  to  be  held 
by  said  company,  which  tax  shall  be  paid  in  the  last 
week  in  January  in  each  year  to  the  state  treasurer,  and 
the  property  and  effects  of  said  company,  whether  real, 
personal  or  mixed,  shall,  in  consideration  thereof,  be  ex- 
No  other  tax.  empt  from  all  and  every  other  tax,  charge  and  exaction 
by  virtue  of  any  laws  of  this  state  now  or  hereafter  to  be 
in  force,  except  penalties  by  this  act  imposed. 
state  SEC.  32.  The  state  shall  have  a  lien  upon  the  rail-road 

roauLien  °n  °f  said  company,  and  its  appurtenances  and  stock  therein, 


131 

for  all  penalties,  taxes  and  dues  which  may  accrue  to 
the  state  from  said  company  ;  which  lien  of  the  state  shall 
take  precedence  of  all  other  debts  or  demands,  judgments 
or  decrees  against  said  company.  And  every  citizen  of  citizen* 
this  state  shall  have  a  lien  upon  the  personal  property  of 
said  company,  for  any  dues  or  demands  against  said  com- 
pany to  an  amount  not  exceeding  in  any  one  case  the 
sum  of  one  hundred  dollars,  originally  contracted  within 
this  state,  which,  after  said  lien  of  the  state,  shall  take 
precedence  of  all  other  debts  or  demands,  judgments  or 
decrees,  liens  or  mortgages  against  said  company. 

SEC.  33.  If  any  person  shall  intentionally  do  or  cause  to       Penalty 

.  ,   .       i    .  .  for    injuring 

be  done,  or  aid  in  doing  or  causing  to  be  done,  any  act  or  road, 
acts  whatever  whereby  any  building,  construction  or 
work  of  said  company,  or  any  engine,  machine  or  struc- 
ture, or  any  matter  or  thing  appertaining  to  the  same, 
shall  be  stopped,  obstructed,  impaired,  weakened,  in- 
jured or  destroyed,  the  person  or  persons  so  offending 
shall  be  guilty  of  a  misdemeanor,  and  may  be  punished 
upon  conviction,  by  fine  or  by  imprisonment  not  ex- 
ceeding five  years,  or  both,  at  the  discretion  of  the  court ; 
and  shall  forfeit  and  pay  to  said  corporation  treble  the 
amount  of  damages  sustained  by  means  of  such  offence  or 
injury,  to  be  recovered  in  the  name  of  said  company,, 
with  costs  of  suit,  by  action  of  trespass. 

SEC.  34.  The  state  may,  at  any  time  after  the  first  day  state  may 
of  January,  eighteen  hundred  and  sixty-seven,  purchase  ?"adhaa 
and  take  from  said  company  said  rail-road,  and  all  the 
property,  effects  and  assets  of  said  company,  and  said 
rail-road  and  appurtenances  thereof;  and  all  the  estate,, 
property,  effects  and  assets  of  said  company,  (subject  to 
all  existing  mortgages  and  other  liens  thereon,  on  account 
of  loans,  the  proceeds  of  which  shall  have  been  invested 
in  the  said  road  or  other  works  of  said  company,)  shall, 
fully  and  forever  vest  in  and  become  the  estate,,  property 
and  effects  of  the  state,  to  all  intents  and  purposes,  so 
soon  and  whenever  after  the  day  aforesaid  the-  state  shall 
pay  or  cause  to  be  paid  to  said  company  the  value  of  the. 


132 

Price  to  be  en  tire  stock  of  and  shares  in  said  company,  at  the  market 
value  of  said  stock  or  shares,  and  ten  per  cent,  in  addition 
to  such  market  value  of  said  stock  or  shares ;  such  market 
value  to  be  ascertained  by  taking  the  average  of  the  pub- 
lic sale  prices  of  said  stock  or  shares,  as  made  in  the  city 
of  Boston,  in  Massachusetts,  and  in  the  city  of  New- 
York,  in  the  state  of  New-York,  during  the  twelve  months 
next  preceding  the  first  day  of  January,  in  the  year  in 
which  the  state  shall  so  purchase ;  but  in  no  case  shall  the 
amount  to  be  paid  be  less  than  the  amount  of  capital 
actually  paid  in  by  the  stockholders  of  said  company ;  and 
in  case  the  state  and  said  company  cannot  agree  upon  the 
said  market  value  of  said  stock  or  shares,  the  supreme 
court  of  this  state  shall  be  competent  to  determine  the 
same,  upon  application  therefor,  to  be  made  to  said  court 
within  six  months  after  the  state  shall  elect  to  purchase  ; 
and  the  moneys  so  to  be  paid  to  said  company  shall  be 
payable  at  the  state  treasury  of  the  state  of  Michigan,  in 
lawful  current  money  of  the  United  States,  within  two 
years  after  the  time  when  the  state  shall  elect  to  pur- 
chase, and  the  amount  to  be  paid  shall  have  been  de- 
termined, as  herein  provided,  upon  three  months  previous 
notice  of  the  time  of  such  payment,  to  be  published 
weekly  in  one  or  more  newspapers  published  in  the  city 
of  Detroit,  or  at  the  capital  of  the  state  of  Michigan,  and 
thereupon  the  corporate  powers  and  franchises  of  said 
company  shall  wholly  cease,  and  the  rights  and  fran- 
chises vested,  or  which  may  vest  in  said  company  under 
or  by  virtue  of  this  act,  shall  not  in  any  manner  be  pre- 
judiced or  affected  save  as  herein  provided,  or  by  judicial 
proceedings,  or  by  a  re-purchase  of  said  rail-road,  to  be 

Effects  of  made  by  the  state  in  manner  aforesaid :  Provided,  That 
whenever  in  this  act  provision  is  made  for  a  penalty  to 
accrue,  for  the  doing  or  not  doing  any  act,  said  company 
shall  in  no  wise  be  prejudiced  by  the  doing  or  not  doing 
of  such  act,  except  by  the  enforcement  of  such  penalty. 

Property,      gEC>  35.  All  lands  and  property,  and  rights  and  interests 

&c.,    to    be  .  A       A 

vested     in  therein,  acquired  by  said  company  by  purchase  or  other- 


133 

wise,  in  case  of  the  re-purchase  of  the  rail-road  of  said 
company  by  the  state,  shall  become  vested  in  the  state  in 
as  full  and  ample  a  manner  as  the  same  were  vested  in, 
or  exercised  or  enjoyed  by  the  said  company  ;  and  all 
deeds  and  conveyances,  gifts  and  grants  of  real  and  per- 
sonal property  to  said  company,  and  all  inquisitions  taken 
or  had  under  this  act,  to  which  said  company  shall  be  a 
party,  shall,  in  case  of  re-purchase,  accrue  to  the  state  in 
the  same  and  as  full  and  ample  a  manner  as  if  the  state 
had  been  the  party  to  such  deeds,  conveyances,  gifts, 
grants  and  inquisitions,  instead  of  said  company ;  and  the 
state  shall  have  full  right  and  authority  to  have  and  use 
the  same,  and  sell,  assign  and  transfer  the  same  to  any 
person  or  persons  whatever. 

SEC.  36.  Said  company  shall,  at  all  times,  if  required  Transport 
by  the  poet-office  department,  transport  the  United  States' 
mail  upon  said  road  as  often  as  their  cars  shall  pass 
thereon,  not  exceeding  twice  in  each  day,  for  such  com- 
pensation as  shall  be  agreed  upon  by  said  company  and 
the  said  department;  and  in  case  no  such  agreement  can 
be  made,  it  shall  be  lawful  for  the  governor  of  this  state 
to  appoint  one  commissioner  and  said  company  one, 
who,  in  case  they  cannot  agree,  shall  appoint  a  third 
commissioner,  which,  said  commissioners,  or  a  majority  of 
them,  shall  agree  upon  and  fix  the  prices,  terms  and  con- 
ditions of  transporting  such  mail,  after  fifteen  days'  notice 
to  said  company :  Provided,  That  nothing  herein  con- 
tained shall  be  construed  to  require  any  of  the  vehicles 
of  said  company  to  wait  at  any  office  for  the  change  of 
mail. 

SEC.  37.  The  state  reserves  the  right  at  any  time  after  repealing 
thirty  years  from  the  passage  of  this  act,  by  a  vote  of  two- 
thirds  of  each  branch  of  the  legislature,  to  alter,  amend 
or  repeal  the  same  :  Provided,  The  said  company  shall 
be  compensated  by  the  state  for  all  damages  sustained  by 
reason  of  sucli  alteration,  amendment  or  repeal. 

SEC.  38.  This  act  shall  take  effect  and  be  in  full  force 
from  and  after  the  acceptance  of  the  charter  granted  to offect' 


134: 

the  Michigan  Central  Kail-Koad  Company,  and  the  pay- 
ment of  the  sum  of  five  hundred  thousand  dollars  by  the 
company  last  aforesaid,  at  the  state  treasury,  to  the  state 
treasurer,  which  acceptance  and  payment  shall  imme- 
diately thereafter  be  made  public  by  a  notice  to  be  given 
by  the  state  treasurer  and  published  in  the  state  paper, 
if  there  be  one,  and  if  none,  then  in  two  daily  papers 
published  in  the  city  of  Detroit,  or  whenever  the  said 
Central  Rail-Road  is  sold  by  the  state. 
Approved  May  9,  1846. 


AN  ACT 

IN   REGARD   TO   THE   ERIE    AND    KALAMAZOO    RAIL-ROAD   COM- 
PANY. 

Alterations  SEC.  1.  Be  it  enacted  ty  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Michigan,  That  the  act 
entitled  "  An  act  to  incorporate  the  Erie  and  Kalamazoo 
Rail-Road  Company,"  approved  April  twenty-second, 
one  thousand  eight  hundred  and  thirty-three,  be  amended 
by  striking  from  the  third  section  thereof,  after  the  word 
"  Adrian,"  the  following :  "  and  thence  on  the  most  eligible 
route  to  such  point  on  the  Kalamazoo  river  as  they  may 
deem  most  proper  and  needful ;"  and  by  adding  thereafter 
the  words  "  but  not  beyond  the  village  of  Adrian  ;"  and 
by  striking  from  the  fourth  section  all  from  the  beginning 
thereof  to  and  including  the  word  "  only,"  being  the  fol- 
lowing: "If  said  corporation  shall  not,  within  three  years 
from  the  passage  of  this  act,  commence  the  construction 
of  said  rail-road,  and  shall  not,  within  six  years  from  the 
passage  of  this  act,  construct,  finish  and  put  in  operation 
the  said  rail-road  from  Port  Lawrence  to  the  village  of 
Adrian,  and  shall  not,  within  fifteen  years  from  the  pas- 
sage of  this  act,  construct,  finish  and  put  in  operation 
one-half  of  the  said  rail-road,  and  shall  not,  within  thirty 


135 

years  from  the  passage  of  this  act,  complete  and  put  in 
operation  the  whole  of  the  said  rail-road,  or  in  the  event 
of  the  failure  of  the  company  to  construct  the  parts  of  the 
said  rail-road  within  either  of  the  times  above  mentioned, 
then  the  rights,  privileges  and  powers  of  said  corporation 
under  this  act  shall  be  null  and  void  as  to  said  parts  of 
the  said  road  which  are  not  finished  within  the  times 
limited  by  this  act,  and  to  them  only ;"  and  also  by 
inserting  after  the  word  "  incorporated,"  in  the  sixteenth 
section  thereof,  the  following  words,  to  wit :  "  not  ex- 
ceeding the  following  rates,  to  wit :  The  rates  of  trans- 
portation for  like  distances  charged  or  authorized  by  the 
state  of  Michigan  to  be  taken  on  the  Southern  Rail-Road 
on  the  first  day  of  January  last." 

SEC.  2.  The  said  company  shall  pay  to  the  state  an  Tax  to  state, 
annual  tax  of  one-half  of  one  per  cent,  upon  its  capital 
stock  paid  in,  and  also  upon  all  loans  made  to  said  com- 
pany for  the  purpose  of  constructing  said  rail-road  ;  which 
tax  shall  be  paid  in  the  last  week  in  January  in  each  year, 
to  the  state  treasurer,  and  the  property  and  effects  of  said 
company,  whether  real,  personal  or  mixed,  shall,  in  con- 
sideration thereof,  be  exempt  from  all  and  every  other  NO  other 

i  i  .,.  ,  /•     i  •    taxation. 

tax,  charge  and  exaction  by  virtue  ot  any  laws  of  this 
state  now  or  hereafter  to  be  in  force,  except  penalties  by 
this  act  imposed. 

SEC.  3.  If  said  corporation   shall,  within  thirty  days    Forfeiture 

A.        ±\  •  L     i     it    i  i  . /.  °f      charter 

alter  this  act  shall  become  a  law,  signify  their  assent  to  waived, 
the  same  in  writing,  and  under  their  corporate  seal,  to  be 
filed  in  the  office  of  the  secretary  of  state,  then,  in  such 
case,  (but  not  otherwise,)  the  liberties  and  franchises  con- 
ferred by  said  original  act  of  incorporation,  except  as 
herein  provided,  shall  be  deemed  and  held  to  be  validly 
and  legally  in  existence,  and  not  forfeited  nor  liable  to 
forfeiture  for  any  act  or  omission  prior  to  the  passage  of 
this  act :  Provided,  The  said  company  shall  pay  the 
taxable  costs  in  a  certain  suit  now  pending  in  the  court  of 
chancery  for  a  violation  of  its  charter. 

SEC.  4.  The  state  shall  have  a  lien  upon  the  rail-road  state.Llea  °f 
of  said  company,  and  its  appurtenances  and  stock  there- 


136 

on,  for  all  penalties,  taxes  and  dues  which  may  accrue  to 
the  state  from,  said  company,  which  lien  of  the  state  shall 
take  precedence  of  all  other  debts  or  demands,  judgments 
"^1  Decrees  agamgt  said  company.  And  every  citizen  of 
this  state  shall  have  a  lien  upon  the  personal  property  of 
said  company,  for  all  dues  or  demands  against  said  com- 
pany to  the  amount  of  one  hundred  dollars,  which,  after 
said  lien  of  the  state,  shall  take  precedence  of  all  other 
debts  or  demands,  judgments  or  decrees,  liens  or  mort- 
gages against  said  company. 

Transport  SEC.  5.  Said  company  shall  at  all  times,  if  required  by 
the  post-office  department,  transport  the  United  States' 
mail  upon  said  road,  as  often  as  their  cars  shall  pass 
thereon,  not  exceeding  twice  in  each  day,  for  such  com- 
pensation as  shall  be  agreed  upon  by  the  said  company 
and  the  said  department ;  and  in  case  no  such  agreement 
can  be  made,  it  shall  be  lawful  for  the  governor  of  the 
state  to  appoint  one  commissioner,  and  said  company 
one,  who  may  appoint  a  third,  who,  or  a  majority  of 
whom  shall  agree  upon  and  fix  the  prices,  terms  and  con- 
ditions for  transporting  such  mail,  after  fifteen  days'  no- 
tice to  said  company  :  Provided,  That  nothing  herein 
contained  shall  be  construed  to  require  any  of  the  vehi- 
cles of  said  company  to  wait  at  any  office  for  the  change 
of  mail. 

Repeal  of  SEC.  6.  That  section  nineteen  of  an  "  Act  to  incorpo- 
rate the  Erie  and  Kalamazoo  Rail-Road  Company,"  ap- 
proved April  22d,  one  thousand  eight  hundred  and  thirty- 
three,  be,  and  the  same  is  hereby  repealed :  Provided, 
That  the  repeal  of  said  section  shall  not  be  construed  so 
as  to  prevent  said  Erie  and  Kalamazoo  Rail-Road  from 
crossing  the  Southern  Rail-Road  in  the  manner  it  now 
crosses  the  same. 

Legislature     SEC.  7.  The  legislature  may  at  any  time  alter,  amend 
or  repeal  this  act,  or  the  act  to  which  this  is  amendatory. 

Act  take  SEC.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  expiration  of  thirty  days  from  the  taking 
effect  of  an  act  entitled  "  An  act  to  authorize  the  sale  of 
the  Southern  Rail-Road,  and  to  incorporate  the  Michigan 


13T 

Southern  Kail-Eoad  Company,"  and  the  payment  into 
the  state  treasury  of  fifty  thousand  dollars  of  the  price 
or  purchase  money  to  be  paid  therefor,  and  not  before  or 
otherwise.  • 

Approved  May  18,  1846. 

Sections  6,  9,  10,  11,  13,  14,  16  and  22  of  the  general  laws  of  Ohio,  en- 
titled "An  act  regulating  rail-road  companies,  passed  February  11,  1848, 
have  been  accepted  by  vote  of  the  stockholders  of  the  Erie  and  Kalama- 
zoo  Rail-Road  Company,  as  provided  in  the  14th  section,  and  that  com- 
pany are  entitled  to  the  benefit  of  the  provisions  of  said  sections. 


AN  ACT 

TO  AUTHORIZE  THE  MICHIGAN  SOUTHERN  'RAIL-ROAD  COM- 
PANY TO  REPAIR  THEIR  ROAD  WITH  HEAVY  RAIL,  AND 
FOR  OTHER  PURPOSES. 

SEC.  1.*  Be  it  enacted  by  the  Senate  and  House  of  Rep-       Repairs 
resentatives  of  the  State  of  Michigan,  That  the  Michi-^1 
gan  Southern  Rail-Road  Company  may  be,  and  they  are 
hereby  permitted  to  repair  any  portion  of  said  road  with 
a  heavy  T  or  H  rail,  and  build  and  lay  that  portion  west 
of  Hillsdale  with  a  T  or  H  rail. 

SEC.  2.  That  the  time  for  completing  the  road  to  Clin-     Time  ex- 
ton,  in  the  county  of  Lena  wee,  and  thence  to  Jackson,  completing0^ 
in  the  county  of  Jackson,  be,  and  the  same  is  hereby  ex- 
tended three  years  from  the  time  the  same  is  required  to 
be  completed  in  the  original  act  incorporating  said  com- 
pany :  Provided,  That  this  act  shall  not  have  effect  un-     AMentof 
less  it  shall  receive  the  assent  of  a  majority  of  stock  re.  comi)any- 
presented  at  the  next  annual  election  of  directors  of  said 
company,  and  the  assent  shall  be   attested  by  the  presi- 
dent and  secretary  of  said  company,  and  filed  with  the 
secretary  of  state. 

Approved  March  31,  1849. 

This  act  received  the  assent  of  a  majority  of  stock  represented  at  the 
annual  election,  holden  June  11,  1849,  as  per  copies  filed  with  the  secre- 
tary of  state. 

*  Alters  Sec.  19  of  Charter. 


138 


AN  ACT 


TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO  AUTHORIZE  THE 
SALE  OF  THE  SOUTHERN  RAIL-ROAD,  AND  TO  INCORPORATE 
THE  MICHIGAN  SOUTHERN  RAIL-ROAD  COMPANY,"  APPROV- 
ED MAY  9,  1846.  PASSED  MARCH  28,  1850. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Michigan,  That  the  time  for 
the  Michigan  Southern  Rail-Road  Company  to  construct, 
finish  and  put  in  operation  said  road  from  Hillsdale,  in 
the  county  of  Hillsdale,  to  .Cold water,  in  the  county  of 
Branch,  shall  be,  and  the  same  is  hereby  extended  one 
year  beyond  the  time  limited  for  that  purpose  in  their 
act  of  incorporation,  in  the  title  of  this  act  mentioned  : 
Provided,  said  Michigan  Southern  Rail-Road  Company 
shall  construct,  finish  and  put  in  operation  said  road 
from  Hillsdale  to  Jonesville,  in  the  county  of  Hillsdale, 
by  the  fifteenth  day  of  September  next. 

SEC.  2.  It  shall  be  lawful  for  said  company  to  pay  in 
cash  or  any  of  the  classes  of  state  indebtedness  which  by 
the  act  incorporating  said  company,  or  by  law,  may  be 
receivable  by  the  state  in  payment  of  the  purchase  mo- 
ney, at  the  rates  mentioned  in  their  act  of  incorporation, 
and  it  shall  be  the  duty  of  the  state  treasurer  of  this  state 
to  receive,  whenever  tendered  by  said  company,  any  or 
all  of  the  unpaid  portion  of  the  purchase  money,  or  pur- 
chase price  and  interest  due  or  to  become  due  to  the 
state,  at  any  time  before  the  same  may  become  due  by 
the  terms  of  their  charter.  And  all  payments  which 
shall  be  made  in  pursuance  of  this  section  shall  be  cred- 
ited and  applied  by  said  treasurer,  first  upon  the  interest 
and  then  the  balance  upon  instalments  of  principal  which 


139 

will  become  first  payable  according  to  said  act  of  incor- 
poration. And  from  and  after  the  full  payment  of  the 
purchase  money  and  interest  thereon  then  remaining 
unpaid  by  said  company  to  the  state,  the  said  rail-road 
and  its  appurtenances,  rights,  franchises  and  property  of 
every  description,  shall  vest  in  and  become  the  absolute 
property  of  said  company,  free,  clear  and  discharged 
of  and  from  all  liens  and  incumbrances  of  the  state  upon 
the  same  for  the  payment  of  the  purchase  money  and 
interest  thereon.  But  before  said  company  shall  be  en- 
titled to  such  discharge,  the  said  company  shall  submit 
to  and  abide  the  decision  of  the  board  of  state  auditors 
upon  the  claim  of  the  state  against  said  company  for  nine 
thousand  dollars,  with  interest  from  the  twenty-third  day 
of  December,  eighteen  hundred  and  forty-six,  for  a  loco- 
motive and  freight  cars  put  on  said  road  by  the  state, 
after  July,  eighteen  hundred  and  forty-six,  against  which 
and  in  discharge  whereof  the  said  company  claim  to  be 
allowed  a  considerable  deficiency  in  the  property  deliv- 
ered to  them  from  the  inventory  furnished  to  the  corpo- 
rators ;  and  said  board  of  state  auditors  shall,  between 
the  first  and  twentieth  days  of  June  next,  give  to  the 
said  company,  or  to  the  secretary  thereof,  thirty  days' 
previous  notice  of  the  time  and  place  of  hearing ;  and 
the  decision  of  said  board  of  auditors  shall  be  final  and 
conclusive  in  the  premises  ;  and  if  any  sum  shall  by  the 
said  board  be  found  due  from  said  company  to  the  state, 
said  company  shall  pay  said  sum  so  found  due,  in  addi- 
tion to  the  next  instalments  of  the  purchase  price,  or 
within  six  months  from  the  time  of  receiving  notice  of 
such  decision. 

SEC.  3.  For  the  purpose  of  providing  means  for  the  pay- 
ment of  its  debts,  and  for  the  construction,  extension  and 
completion  of  its  rail-roads,  shops,  depots,  buildings  and 
equipments,  said  company  may  issue  its  corporate  bonds 
or  obligations  for  such  amounts,  not  less  than  five  hun- 
dred dollars,  and  in  the  aggregate  not  exceeding  their 


140 

capital  stock,  and  in  such  form  as  it  may  deem  proper, 
and  payable  at  such  times  and  places,  upon  such  terms 
and  with  such  rates  of  interest  (not  exceeding  eight  per 
cent,  per  annum)  as  it  may  determine,  and  may  secure 
the  payment  of  the  whole  or  any  portion  of  such  bonds 
or  obligations  by  mortgage  of  the  road  or  other  property 
of  said  company :  Provided,  That  no  such  mortgage 
shall  in  any  respect  invalidate  or  affect  or  change  the 
title  or  ownership  of  said  road  so  far  as  the  same  is  vested 
in  this  state,  or  the  priority  of  any  lien  or  claim  of  this 
state  upon  said  road  or  other  property  for  the  purchase 
price  of  said  road,  or  any  part  thereof,  or  for  any  tax  now 
due  or  to  become  due  from  said  company  to  this  state. 
And  said  company  may  sell,  dispose  of  and  negotiate 
such  bonds  or  obligations  either  within  or  without  this 
state,  at  such  rates,  for  such  prices  and  on  such  terms  as 
said  company  may  determine.  And  in  case  said  bonds 
or  obligations,  or  any  of  them,  shall  be  thus  sold,  disposed 
of  or  negotiated  at  a  discount,  said  sale,  disposal  or  ne- 
gotiation shall  be  as  valid  and  effectual  as  if  said  bonds 
or  obligations  had  been  sold,  disposed  of  or  negotiated  at 
their  par  value  ;  and  said  bonds  or  obligations  shall  be  va- 
lid and  binding  as  a  security  for  the  whole  sum  payable 
by  the  terms  thereof,  in  the  same  manner  as  if  they  had  been 
sold,  disposed  of  or  negotiated  at  their  par  value  ;  and  all 
bonds  heretofore  issued  by  said  company  shall  be  as  bind- 
ing upon  said  company  as  if  this  act  had  never  been 
passed,  except  as  herein  otherwise  provided.  But  the 
said  bonds  or  obligations  now  issued,  or  hereafter  to  be 
issued  under  the  provisions  of  this  act,  shall  in  no  wa}* 
affect  the  title  of  the  state  to  said  Michigan  Southern 
Rail-Road,  or  any  portion  thereof,  or  to  the  machinery, 
fixtures  or  other  property  upon  or  belonging  to  said  rail- 
road or  company,  neither  shall  said  bonds  or  obligations 
take  precedence  of  or  affect  any  lien  which  the  state  now 
has  or  may  have  under  the  provisions  of  this  act,  or  act 
to  which  this  is  amendatory. 


141 

SEC.  4.  For  all  or  any  of  the  purposes  aforesaid,  said 
company  may  create  and  issue  sh  ares  of  guaranteed  stock, 
to  be  denominated  "  construction  stock,"  to  such  an 
amount  as  it  may  determine,  not  (with  the  original  stock) 
to  exceed  the  amount  of  their  capital  stock  allowed  by 
law,  which  construction  stock  shall  be  entitled  to  such 
dividends  and  payable  at  such  place  and  in  such  manner, 
and  with  such  preference  or  priority  over  the  remaining 
stock  of  said  company  in  the  payment  of  dividends,  as 
the  directors  of  said  company  may  determine,  and  as 
shall  be  approved  by  the  holders  of  a  majority  of  the 
stock  represented  at  their  annual  meeting ;  and  any  such 
"  construction  stock,"  heretofore  issued,  and  all  guaran- 
tees and  contracts  in  respect  thereto,  are  hereby  declared 
to  be  legal  and  binding  upon  said  company.  And  the 
holders  of  such  construction  stock,  and  their  representa- 
tives, shall  be  entitled  to  vote  and  have  an  equal  voice  in 
the  management  of  the  aifairs  of  said  company,  with  the 
holders  of  an  equal  amount  of  the  original  stock  of  said 
company.  And  said  company  may  from  time  to  time 
declare  and  pay,  from  its  net  profits,  receipts  or  income, 
such  dividends  in  cash  or  stock  to  its  shareholders,  as  it 
may  deem  proper.  But  the  dividends  payable  to  the 
shareholders  in  each  class  of  stock  shall  be  in  just  pro- 
portion to  their  respective  shares ;  and  the  fourteenth  sec- 
tion of  the  act  incorporating  said  company,  so  far  as  the 
same  contravenes  the  provisions  of  this  act,  is  hereby 
modified  or  repealed. 

SEC.  5.  The  annual  report  of  said  company  to  the  secre- 
tary of  state,  required  by  the  thirtieth  section  of  the  act 
incorporating  said  company,  shall  hereafter  embrace  the 
business  of  said  company  for  each  year,  to  the  first  day 
of  December,  instead  of  the  first  day  of  January,  as  pro- 
vided in  said  section. 

SEC.  6.  The  said  company  shall  construct  and  put  into 
operation  within  three  years  after  the  passage  of  this  act, 
the  said  rail-road  from  Cold  water,  in  the  county  of  Branch, 
to  St.  Joseph  river,  in  the  village  of  Constantine,  or  to 


142 

such  other  point  on  said  river  St.  Joseph  as  said  company 
may  select  north  of  said  village  of  Constantino,  and  in 
the  county  of  St.  Joseph  ;  said  rail-road  from  Coldwater 
to  the  point  on  the  St.  Joseph  river  to  be  constructed 
within  the  boundaries  of  the  state  of  Michigan,  and  not 
nearer  than  two  miles  to  the  Indiana  line  :  Provided, 
That  nothing  contained  in  this  act,  or  the  act  to  which 
this  is  amendatory,  shall  be  so  construed  as  to  give  the 
said  Michigan  Southern  Rail-Road  Company  the  right 
to  construct  and  continue  the  said  Michigan  Southern 
Rail-Road  from  the  village  of  Constantine  to  the  state 
line  of  Indiana  within  one  year  after  the  passage  of  this 
act,  and  until  the  legislature  shall  have  acted  on  said 
charter  at  the  next  session. 

SEC.  7.  Said  company  shall  lay  the  track  of  said  Michi- 
gan Southern  Rail-Road  between  the  city  of  Monroe  and 
the  village  of  Adrian  with  a  heavy  iron  rail,  weighing 
not  less  than  fifty-six  pounds  to  the  yard,  within  five  years 
from  the  passage  of  this  act ;  at  least  five  consecutive 
miles  of  which,  commencing  at  the  wharves  in  the  city 
of  Monroe,  shall  be  laid  down  during  the  year  eighteen 
hundred  and  fifty,  and  at  least  five  miles  in  each  year 
thereafter,  until  the  whole  is  completed;  the  whole  to 
be  laid  from  Monroe  to  Adrian  as  aforesaid,  before  the 
rail-road  leading  from  Adrian  to  Toledo,  or  any  other 
rail-road  hereafter  to  be  built  leading  southwardly  or 
southeasterly  through  any  portion  of  the  county  of  Lena- 
wee  to  the  state  line  of  Ohio,  shall  be  laid  with  as  heavy 
a  rail.  And  there  shall  never  be  less  of  equally  heavy 
iron  rail  on  that  part  of  said  Michigan  Southern  Rail- 
Road  between  Monroe  and  Adrian,  than  on  said  road 
leading  from  Adrian  to  Toledo,  or  any  other  road  to  be 
constructed  southwardly  or  southeasterly  as  aforesaid,  in 
proportion  to  the  relative  distance.  And  any  violation 
of  any  of  the  provisos  of  this  section  shall  forfeit  to  the 
people  of  this  state  the  sum  of  thirty  thousand  dollars. 

SEC.  8.  The  tariff  or  rates  of  toll  and  passage  for  the 
transportation  of  persons  and  property  on  or  over  that 


UB 

portion  of  said  Southern  Rail-Road  between* the  city  of 
Monroe  and  the  village  of  Adrian,  shall  never  exceed  the 
lowest  price  at  any  time  charged  from  the  village  of 
Adrian  to  Toledo,  on  the  rail-road  between  the  two  last 
named  places,  nor  the  price  at  any  time  to  be  charged 
on  any  rail-road  leading  from  any  part  of  the  county  of 
Lenawee,  directly  or  indirectly,  to  any  point  within  the 
state  of  Ohio,  while  or  whenever  there  may  be  any  con- 
nection of  the  Michigan  Southern  Rail-Road  with  any 
other  rail-road  leading  into  the  state  of  Ohio.  And  it 
shall  be  the  duty  of  the  Southern  Rail-Road  Company  at 
all  times  to  afford  to  any  consignor,  owner  or  agent  of 
any  property  that  shall  be  directed  or  consigned  to  or  by 
way  of  Monroe,  fully  equal  facility  in  every  respect  for 
the  transportation  of  such  property  as  shall  be  given  to 
any  property  consigned  to  Toledo  ;  and  no  agent  or  other 
person  in  the  employ  of  said  company  shall  at  any  time 
endeavor  or  attempt  to  procure  either  freight  or  passen- 
gers for  any  direction  or  transportation  over  any  road 
south  of  said  Southern  Rail-Road,  in  preference  to  that 
part  of  said  road  between  Adrian  and  Monroe.  For  every 
violation  of  this  section  said  company  shall  forfeit  and 
pay  to  the  party  aggrieved  a  penalty  of  one  hundred 
dollars,  to  be  recovered  by  action  of  debt;  and  shall  also 
be  liable  to  all  damages  to  the  party  aggrieved :  Provided, 
That  nothing  in  this  act  contained  shall  legalize  or  in  any 
manner  affect  any  connection  of  said  Southern  Rail-Road 
with  the  road  called  the  Erie  and  Kalamazoo  Rail-Road, 
or  with  any  rail-road  hereafter  to  be  built,  leading  south- 
wardly or  southeastwardly  therefrom,  through  any  por- 
tion of  this  state  eastwardly  from  the  county  of  Lenawee. 
SEC.  9.  The  said  company  are  also  required  to  keep  in 
good  running  order  the  branch  road  leadingtfrom  the 
Michigan  Southern  Rail-Road  to  the  village  of  Tecumseh, 
in  the  county  of  Lenawee,  and  to  furnish  at  all  times  all 
reasonable  facilities  for  the  transportation  of  freight  and 
passengers  thereon.  The  state  reserves  the  right  at  any 
time  after  thirty  years  from  the  passage  of  this  act,  by  a 


vote  of  two-thirds  of  each  branch  of  the  legislature,  to 
alter,  amend  or  repeal  the  same :  Provided,  The  said 
company  shall  be  compensated  by  the  state  for  all  dama- 
ges sustained  by  reason  of  such  alteration,  amendment  or 
repeal. 

SEC.  10.  This  act  shall  take  eifect  whenever  the  said 
company  shall  accept  the  same,  and  their  acceptance  in 
writing,  signed  and  certified  to  by  the  president  and  sec- 
retary of  said  company,  under  its  corporate  seal,  shall  be 
filed  in  the  office  of  the  secretary  of  state  :  Provided, 
Such  acceptance  shall  be  so  filed  within  six  months  after 
the  passage  of  this  act. 


AN  ACT 

TO  PROVIDE  FOR  THE  INCORPORATION  OF  RAIL-ROAD  COMPANIES. 

incorpora-  SEC.  1.  The  People  of  the  State  of  Michigan  enact, 
That  any  number  of  persons,  not  less  than  twenty-five, 
being  subscribers  to  the  stock  of  any  contemplated  rail- 
road, may  be  formed  into  a  corporation  for  the  purpose 
of  constructing,  operating  and  maintaining  such  rail-road, 
by  complying  with  the  following  requirements :  When 
stock  to  the  amount  of  one  thousand  dollars  for  every 
mile  of  said  road  so  intended  to  be  built  shall  be  in  good 
faith  subscribed,  and  five  per  cent,  paid  thereon,  as  here- 
in required,  then  such  subscribers  may  select  directors 
Articles  of  for  said  company;  and  thereupon  they  shall  severally 

What  to  con- subscribe  articles  of  association,  in  which  shall  be  set 

forth  the  name  of  the  corporation,  the  number  of  years  the 

Amount  of  same  is  to  be  continued,  the  amount  of  the  capital  stock 

necessary?6  of  the  company,  which  shall  not  be  less  than  eight  thou- 
sand dollars  per  mile  of  road  constructed  or  proposed  to 
be  constructed  of  the  T,  or  continuous  rail;  and  not  less 
than  four  thousand  dollars  per  mile,  of  road  constructed  or 
Rate  of  proposed  to  be  constructed  with  the  flat  bar  rail :  Provided, 

spec  i     at  i-£«jiaj.  no  car  ghall  \)Q  run  at  a  higher  rate  of  speed  than  fifteen 


145 

miles  per  hour  upon  any  road  so  constructed  with  the  flat 
bar  rail ;  the  number  of  shares  of  which  the  stock  shall  con- 
sist, the  number  of  directors  and  their  names,  who  shall  not 
exceed  in  number  one-half  the  stockholders,  the  place 
from  and  to  which  the  proposed  road  is  to  be  constructed, 
and  each  county  into  or  through  which  it  is  intended  to  pass, 
and  its  length,  as  near  as  may  be,  and  the  names  of  five 
commissioners  to  open  books  of  subscription  to  the  stock. 
Each  subscriber  to  such  articles  of  association  shall  sub-       TO  sub- 
scribe thereto  his  name,  place  of  residence  and  the  num- 
ber  of  shares  of  stock  taken  by  him  in  such  company, 
The  said  articles  of  association  may  be  filed  in  the  office 
of  the  secretary  of  state :  Provided,  That  such  articles    Articles  to 
of  association  shall  not  be  filed  in  the  office  of  the  secretary  secretar/'of 
of  state  as  aforesaid,  until  five  per  cent,  of  the  amount  of  five  per  cent 
the  stock  subscribed  thereto  shall  have  been  actually  paid 1S  ] 
in  cash  to  the  directors  named  in  such  articles,  nor  until 
there  is  annexed  thereto  an  affidavit  made  by  at  least 
three  of  the  directors  named  in  said  articles,  that  the 
amount  of  stock  required  by  this  section,  to  wit,  $1,000 
per  mile,  has  been  subscribed,  and  that  five  per  cent,  on 
the  amount  has  actually  been  paid  in.     And  thereupon      TO  have 
the  persons  who  have  subscribed,  and  all  persons  who  powers?6 
shall  from  time  to  time  become  stockholders  in  such  com- 
pany, shall  be  a  body  corporate,  by  the  name  specified 
in  such  articles,  and  shall  be  capable  of  sueing  and  being 
sued,  and  may  have  a  common  seal,  and  may  make  and 
alter  the  same  at  pleasure,  and  be  capable  in  law  of  pur- 
chasing, holding  and  conveying  any  real  and  personal 
property  whatever,  necessary  for  the  construction  of  such 
road,  and   for  the  erection  of  all  necessary  buildings, 
yards  and  appurtenances,  for  the  use  of  the  same. 

SEC.  2.  A  copy  of  any  articles  of  association,  filed  in  certmed 
pursuance  of  this  act,  with  a  copy  of  the  affidavit  an-  de^and^n- 
nexed  thereto,  and  certified  by  the  secretary  of  state  to  davit  toabe 

,  i     11     •         11  111  j_-         evidence    of 

be  a  copy,  shall,  in  all  courts  and  places,  be  presumptive  incor 
evidence  of  the  incorporation  'of  such  company,  and  of 
all  the  facts  therein  stated.     And  all  articles  of  asso- 

10 


146 
Ariici«s  to  elation  filed  in  pursuance  of  this  act,  together  with  all 

.    VAnr,_^nj  J-  '  O 


by  secretary  subsequent  alterations  and  amendments  thereof,  and  also 
the  affidavit  annexed  thereto,  shall  be  forthwith  recorded 
in  the  office  of  the  secretary  of  state  in  a  book  to  be  pro- 
vided by  him  for  that  purpose  ;  said  record  to  be  made 
at  the  expense  of  the  company  filing  the  same. 
Books  of  SEC.  3.  The  commissioners  for  opening  books  of  sub- 

tobeCopened.  scription  named  in  the  articles  of  association,  shall,  from 
time  to  time,  after  the  company  shall  have  been  incorpo- 
rated, open  books  of  subscription  to  the  capital  stock  of 

Notice  to  be  the  company,  in  such  places  and  after  giving  such  notice 
as  a  majority  of  them  shall  direct,  which  books  shall  be 
kept  open  until  all  the  capital  stock  shall  be  subscribed  ; 

when  more  and  in  case  a  greater  amount  of  stock  shall  be  subscribed 

beesubscrib-  than  the  whole  of  the  capital  of  said  company,  the  corn- 
ed than  the       .     .  ,     ,,    ,.       .,  ,  ?.' 

whole  capi-  missi oners  shall  distribute  the  same  as  equally  as  possi- 

p'roceed.      ble  among  such  subscribers ;  but  no  share  thereof  shall 

be  divided  in  making  said  distribution,  nor  shall  a  greater 

number  of  shares  be  allotted  to  any  subscriber  than  shall 

have  been  subscribed  for  by  him. 

Meeting  to     SEC.. 4.   As  soon  as  practicable  .after  the  capital  stock 
tore^where shall  have  been  subscribed  and  distributed  as  aforesaid, 
toWgivenT the  commissioners  shall  appoint  a  time  and  place  for  the 
meeting  of  the  stockholders  to  choose  directors,  which 
place  of  meeting  shall  be  in  one  of  the  counties  through 
which  such  rail-road  is  proposed  to  be  constructed  ;  and 
notice  thereof  shall  be  given  by  said  commissioners  for 
at  least  twenty  days  previous  to  such  meeting,  by  publi- 
cation in  one  of  the  daily  papers  published  in  the  city  of 
Detroit,  and  some  newspaper  published  in  each  county 
through  which  said  road  is  intended  to  run,  in  which  a 
Number  newspaper  shall  be  published.     Not  less  than  seven  nor 
and  ire\°ow  more  than  thirteen  directors  shall  be  chosen,  and  the 
same  shall  be  so  chosen  by  ballot,  and  by  a  majority  of 
the  votes  of  the  stockholders  being  present,  in  person  or 
by  proxy ;   and  every  such  stockholder,  being  so  present 
at  such  election,  or  at  any  subsequent  election,  shall  be 
entitled  to  give  one  vote  for  every  share  of  stock  owned 


147 

by  him  for  ten  days  next  preceding  such  election,  and 

not  otherwise.     No  person  shall  be  a  director  unless  he    NO  person 

shall  be  a  stockholder,  owning  stock  absolutely  and  in  tor  unless  a 

*  stockholder. 

his  own  name  and  right,  and  qualified  to  vote  for  director 
at  the  election  at  which  he  shall  be  chosen ;  and  such 
directors  shall  hold  their  office  for  one  year,  and  until  Term  of 

J  office. 

others  are  elected  in  their  places. 

SEC.  5.  The  commissioners  named  in  the  last  preceding    First  eiec- 
section  shall  be  inspectors  of  the  first  election  of  directors ;  tors, 
phall  openly  count  the  votes  and  declare  the  result,  and 
shall,  within  ten  days  thereafter,  file  a  certificate  thereof,    certificate 
subscribed  by  them  or  a  majority  of  them,  in  the  office  aied. 
of  the  secretary  of  state,  and  shall  also  deliver  to  the 
treasurer  of  said  company  all  moneys  received  by  such 
commissioners  on  subscription  to  such  capital  stock,  and 
all  books  and  papers  in  their  possession  relative  to  such 
subscription.     All  subsequent  elections  shall  be  held  at  subsequent 

i      •  it  •  a   t  •         i  i        -i  •    t    Sections. 

such  time  and  place,  in  one  of  the  counties  through  which 
such  rail-road  shall  pass,  as  shall  be  directed  by  the  by- 
laws of  the  company. 

SEC.  6.  A  general  meeting  of  the  stockholders  shall  be       Annual 
holden  annually,  at  the  time  and  place  appointed  for  the  ™o^kiToWs. 
election  of  directors,  and  a  meeting  may  be  called  at  any 
time  by  the  directors  or  by  the  stockholders,  owning  not 
less  than  one-fourth  of  the  stock,  by  giving  public  notice     Notice  of 

„    .         .  "I    £>     .     &,  special  meet- 

ot  the  time  and  place  ot  such  meeting,  in  the  same  man-  i»n.  what  to 

r  .  contain. 

ner  as  is  provided  in  section  four  of  this  act :  Provided, 
That  such  notice,  when  given  by  the  stockholders,  shall 
state  the  object  of  the  meeting  ;  and  if  at  any  such  meet- 
ing called  by  the  stockholders,  a  majority  in  value  of  the  Proceedings 

i     •  L    j    •  i  ,  i  when      ma- 

StOCk  is  not  represented  in  person  or  by  proxy,  the  samej.mty  do  not 

shall  be  adjourned  from  day  to  day,  not  exceeding  three 
days,  without  doing  any  business,  when,  if  such  majority 
do  not  attend,  the  meeting  shall  be  dissolved. 

SEC.  7.  At  a  regular  annual  meeting  of  the  stockhold-    Dutyjf-at-- 
ers  of ;  v' >oration  under  this  act,  it  shall  be  the  duty  tievVrto>rere~ 

of  the  p:"j<Ki(jnt  and  directors  in  office  for  the  preceding 
year,  to  exhibit  a  clear  and  full  statement  of  the  affairs 


148 

of  said  company ;  and  at  any  meeting  of  the  stockholders, 
a  majority  of  those  present,  in  person  or  by  proxy,  may 
require  similar  statements  from  the  directors,  whose  duty 
it  shall  be  to  furnish  such  statement  when  thus  required ; 
and  at  all  general  meetings  of  the  stockholders,  a  majority 
Rate  or  in  value  of  such  stockholders  may  fix  the  rate  of  interest 

interest     on........  •  -i    i          i 

loans,    how  which  shall  be  paid  by  the  company  for  loans  for  the 
construction  of  said  rail-road  and  its  appendages,  and 
officers  may  remove  any  president  or  any  directors  of  said  corn- 
moved.6  re  pany,  and  elect  others  in  their  stead  :   Provided,  Such, 
notice  shall  have  been  given  of  such  intended  removal 
as  shall  be  provided  by  the  by-laws. 

President     SEC.  8.  There  shall  be  a  president  of  the  company,  who 

officers,  to'bl  shall  be  chosen  by  and  from  the  directors,  and  also  such 

subordinate  officers  as  the  company  by  its  by-laws  shall 

direct,  who  may  be  elected  or  appointed,  and  required 

security  to  give  such  security  for  the  faithful  performance  of  the 

required,     Duties  Of  their  office  as  the  company  by  its  by-laws  may 

require. 

Directors     SEC.  9.   The  directors  may  require  the  subscribers  to 

JmymenT'ofthe  capital  stock  of  the  company  to  pay  the  amount  by 

them  respectively  subscribed,  in  such  manner  and  in  such 

HOW  pay- instalments  as  they  may  deem  proper.     If  any  stock- 
mem       en-,       ...  i      .  •  •     j 

forced.  holder  shall  neglect  to  pay  any  instalment  as  required 
by  a  resolution  of  the  board  of  directors,  the  said  board 
shall  be  authorized  to  sue  for  the  same,  or  declare  his 
stock  and  all  previous  payments  thereon  forfeited  for  the 
Notice  of  use  of  the  company  ;  but  they  shall  not  declare  it  so  for- 
feited  until  they  shall  have  caused  a  notice  in  writing  to 
be  served  on  him  personally,  or  by  depositing  the  same 
in  the  post-office,  properly  directed  to  him  at  the  post- 
office  nearest  his  usual  place  of  residence,  stating  that  he 
is  required  to  make  such  payment  at  the  time  and  place 
specified  in  said  notice,  and  that  if  he  fails  to  make  the 
same,  his  stock  and  all  previous  payments  thereon  will 
be  forfeited  for  the  use  of  the  company ;  which  notice 
shall  be  served  as  aforesaid,  at  least  sixty  days  previous  to 
the  day  on  which  such  payment  is  required  to  be  made. 


149 

SEC.  10.  The  directors  shall  have  power  to  make  by-     Directors 
laws  for  the  management  and  disposition  of  the  stock,  by-iaws. 
property  and  business  affairs  of  such  company,  not  in- 
consistent with  the  laws  of  this  state,  and  prescribing  the 
duties  of  officers,  artificers  and  servants  that  may  be 
employed,  and  for  the  appointment  of  all  officers  for  carry- 
ing on  the  business  within  the  objects  and  purposes  of 
such  company. 

SEC.  11.  The  stock  of  such  company  shall  be  deemed  stock  to  be 
personal  estate,  and  shall  be  transferable  in  the  manner  ?aetes°na  and 

j  i  A.   '    j.-  J  J'L-  v     transferable. 

and  under  such  restrictions  and  conditions  as  may  be 
provided  by  the  by-laws,  but  no  shares  shall  be  trans- 
ferable until  all  previous  calls  thereon  shall  have  been 
fully  paid  in,  or  said  shares  shall  have  been  forfeited. 

SEC.  12.  All  the  stockholders  of  any  such  company  shall    individual 
be  severally  individually  liable  to  the  creditors  of  said  stockholder 
company,  to  an  amount  equal  to  the  amount  of  stock 
held  by  them  respectively,  for  all  debts  and  contracts 
made  by  such  company,  until  the  whole  amount  of  stock 
held  by  him  shall  have  been  paid  in,  and  a  certificate 
thereof  have  been  made  and  recorded  as  prescribed  in 
the  following  section;  but  all  the  stockholders  of  any .  .  Ibid- for 
such  company  shall  be  individually  liable  for  all  labor 
performed  for  such  company,  but  shall  not  be  liable  to  an    Execution 
action  therefor  before  an  execution  shall  be  returned  tm- 
satisfied  in  whole  or  in  part  against  the  corporation  ;  and 
the  amount  due  on  such  execution  shall  be  the  amount 
recoverable,  with  costs,  against  any  such  stockholder ; 
and  every  such  stockholder  against  whom  any  such  re-     contribu- 
covery  for  such  labor  shall  have  been  had,  shall  have  a  enforced! 
right  to  recover  the  same  of  the  other  stockholders  in 
said  corporation,  in  ratable  proportion  to  the  amount  of 
the  stock  they  shall  respectively  hold  with  himself. 

SEC.  13.  The  president  and  a  majority  of  the  directors,    certificate 
within  thirty  days  after  the  payment  of  the  last  instalment  made0  '  ami 
upon  any  shares  of  the  capital  stock,  shall  make  a  certifi- 
cate stating  the  amount  of  stock  so  paid  in  full,  and  by 
whom  it  is  held  and  paid,  and  the  number  of  such  share 


150 

or  shares  so  paid  in,  winch  certificate  shall  be  signed  by 
the  president  and  a  majority  of  the  directors,  and  sworn 
to  by  the  president  and  secretary  ;  and  they  shall,  within 
the  said  thirty  days,  file  and  record  the  same  in  the  office 
of  the  secretary  of  state. 

Penally  for     SEC.  14.  If  the  directors  of  any  corporation,  organized 

vMenTwhen  under  this  act,  shall  declare  and  pay  any  dividend  when 

•o™en"&™  the  company  is  insolvent,  or  the  payment  of  which  would 

render  it  insolvent,  they  shall  be  severally  liable  to  a 

penalty  of  five  hundred  dollars. 

Penaityfor     SEC.  15.  If  any  certificate  or  report  made,  or  public 

false    repre-  .  \  L 

sentations  innotice  given  by  the  omcers  ot  any  such  company,  in  pur- 
suance of  the  provisions  of  this  act,  shall  be  wilfully  false 
in  any  material  representations,  all  the  officers  who  shall 
have  signed  the  same,  knowing  it  to  be  false,  shall  be 
severally  liable  to  a  penalty  of  five  hundred  dollars  each. 
Map  of  SEC.  16.  Every  such  company  proceeding  to  construct 

route   to   be  -«'•'».  7  • 

made  and  a  part  ot  their  road  into  or  through  any  county  named  in 
their  certificate  of  association,  shall  make  a  map  of  the 
route  intended  to  be  adopted  by  such  company,  which 
shall  be  certified  by  a  majority  of  the  directors,  and  filed 
in  the  office  of  the  register  of  deeds  of  such  county,  for 
inspection  and  examination  of  all  persons  interested 
therein. 

Powers  and  SEC.  17.  Every  such  corporation  shall  possess  the  gene- 
ral powers,  and  be  subject  to  the  liabilities  and  restric- 
tions following,  that  is  to  say  : 

TO  make     1.  To  cause  such  examination  and  surveys  for  the  pro- 
surveys,  &c.          ,  A 

posed  rail-roads  to  be  made  as  may  be  necessary  to  the 

selection  of  the  most  advantageous  route  for  the  road,  and 
for  such  purposes,  by  their  officers,  agents  and  servants, 
to  enter  upon  lands  or  waters  of  any  person  or  company, 
but  subject  to  liability  for  all  damages  which  they  shall 
do  thereto. 

TO  take  do-  2.  To  receive,  hold  and  take  such  voluntary  grants  and 
donations  of  real  estate  and  other  property  as  shall  be 
made  to  it,  to  aid  in  the  construction,  maintenance  and 
accommodation  of  such  road  ;  but  the  real  estate  thus 


151 

received  by  voluntary  grant,  shall  be  held  and  used  for 
the  purposes  of  such  grant  only. 

3.  To  purchase,  and  by  voluntary  grants  and  donations  To  pur- 
receive  and  take,  and  by  its  officers,  engineers,  surveyors  fakTprope* 
and  agents,  enter  upon  and  take  possession  of,  hold  and  for 


use,  all  such  lands  and  real  estate  and  other  •  property  as  10 
may  be  necessary  for  the  construction  and  maintenance 
of  its  rail-road  and  stations,  depots  and  other  accommoda- 
tions, but  not  until  the  compensation  to  be  made  therefor,  owners  to 

.  •        -I          i          •       be   compen- 

as  agreed  upon  by  the  parties,  or  ascertained  as  herein-  sated. 
after  prescribed,  be  paid  to  the  owners  thereof,  or  de- 
posited as  hereinafter  directed,  unless  the  consent  of  such 
owner  be  given  therefor. 

4.  To  lay  out  its  road,  not  exceeding  six  rods  wide,  and     width  of 
to  construct  the  same  ;  and  for  the  purpose  of  cutting 
embankments,  and  procuring  stone  and  gravel,  may  take 

as  much  more  lands  within  the  limits  of  its  charter,  in  the 
manner  hereinafter  provided,  as  may  be  necessary  for  the 
proper  construction  and  security  of  the  road. 

5.  To  construct  their  road  across  any  stream  of  water,      TO  cross 
water-course,  private  road,  highway,  plank-road,  rail-road  roa  s> 

or  canal,  which  the  route  of  its  road  shall  intersect  ;  but 
the  corporation  shall  restore  the  stream,  or  water-course, 
private  road,  highway,  plank-road,  rail-road  or  canal,  to 
its  former  state,  as  near  as  may  be. 

6.  To  cross,  intersect,  join  and  unite  its  rail-road  with  intersection 
any  other  rail-road  now  or  hereafter  constructed,  whether  ™ads. 
the  same  be  so  constructed  under  this  act,  or  under  any 
charter  now  or  hereafter  granted,  at  any  point  on  its 

route,  and  upon  the  grounds  of  such  other  rail-road  com- 
pany, with  the  necessary  turn-outs,  sidings  and  switches, 
and  other  conveniences,  in  furtherance  of  the  object  of  its 
connections  ;  and  to  make  all  such  running  and  business 
arrangements  as  said  companies  may  agree  upon  ;  and 
every  company  whose  rail-road  shall  be  intersected  by 
any  new  rail-road,  shall  unite  with  the  owners  of  such 
new  rail-road  in  forming  such  intersections  and  con- 
nections, and  grant  the  facilities  aforesaid  ;  and  if  the  two 


152 

when  cor- corporations  cannot  agree  upon  the  amount  of  comp  ensa 
cannot  agree  tion  to  be  made  for  such  crossings  and  connections,  or  the 

commission-         .  .  •  _      ..  ,      .  - 

ers  to  be  ap- points  or  manner  thereof,  the  same  shall  be  ascertained 

pointed.  -      -  .  .  -IT 

and  determined  by  commissioners,  to  be  appointed  by 
the  court,  as  is  provided  hereinafter  for  the  taking  of 
lands  and  ether  property,  and  to  purchase  or  to  take 
lands,  franchises  or  other  property,  as  hereinafter  pro- 
vided, which  shall  be  necessary  for  the  construction  of  its 
May  road,  and  may  change  the  line  of  its  road,  whenever  a 

change   line          -•.#'.       v  i      11  •  -,  i 

of  road.       majority  of  its  directors  shall  so  determine  ;  but  no  such 
change  shall  vary  the  original  route  of  such  road  to  ex- 
ceed five  miles  laterally,  without  the  consent  of  the  stock- 
holders. 
TO  trans-     T.  To  take,  transport,  carry  and  convey  persons  and 

and  pro'pTr- property  on  their  said  road,  by  the  force  and  power  of 

steam,  of  animals,  or  any  mechanical  powers,  or  by  any 

combination  of  them,  and  receive  tolls  and  compensation 

therefor. 

TO  erect     8.  To  erect  and  maintain  all  necessary  and  convenient 

figure's. and  buildings,  stations,  depots  and  fixtures,  and  machinery, 
for  the  accommodation  and  use  of  their  passengers,  freight 
and  business,  and  obtain  and  hold  the  lands  necessary 
therefor. 

Transporta-     9.  To  regulate  the  time  and  manner  in  which  passen- 

tion;     com-  ,  -iiii  111111 

pensation     gers  and  property  shall  be  transported,  and  the  tolls  and 

therefor.  r.     r        J  . 

compensation  to  be  paid  therelor  ;  but  such  compensa- 
tion for  any  passenger  and  his  ordinary  baggage  shall  not 
exceed  three  cents  a  mile,  unless  by  special  act  of  the 
legislature,  and  shall  be  subject  to  alteration,  as  herein- 
after provided. 

Howtpac-     SEC.  18.  In  case  any  rail-road  company  is  unable  to 
when  unable  agree  for  the  purchase  of  any  real  estate,  property  or 

to  agree  for    °  • ?  J  .'    J  J, 

purchase,  franchise  required  lor  the  purpose  oi  its  incorporation, 
and  when  it  shall  have  failed  to  secure  the  same  by  legal 
proceeding,  it  shall  have  the  right  to  acquire  the  title  to 
the  same  in  the  manner  and  by  the  special  proceeding 
prescribed  in  this  act,  but  there  shall  be  no  power  except 
for  crossing,  to  take  the  track  or  rights  of  way  of  any 


153 

other  rail-road  company  without  the  consent  of  said  com- 
pany. 

SEC.  19.  For  the  purpose  of  acquiring  such  title,  such    Petition  to 

,,    °    .         .,  .f      circuit  court. 

company  may  present  a  petition  to  the  circuit  court  lor 
such  county,  at  any  session  thereof,  praying  for  the  ap- 
pointment of  three  commissioners  ;  said  petition  shall  be 
in  the  name  of  the  company,  and  shall  be  signed  by  one  u  contents 

r       ~  .    •  thereof,  how 

of  the  directors,  or  the  engineer  or  attorney  of  said  com-  attested,  &c. 
pauy  on  its  behalf,  and  shall  be  verified  by  the  oath  of 
the  person  so  signing  the  same,  and  shall  contain  a  de- 
scription of  the  real  estate,  property  or  franchise  which 
the  company  seeks  to  acquire,  and  state  that  such  com- 
pany is  duly  incorporated,  and  that  it  is  the  intention  of 
the  company  in  good  faith  to  construct  and  finish  a  rail- 
road from  and  to  the  places  named  for  that  purpose  in  its 
articles  of  association ;  that  the  capital  stock  of  the  com- 
pany has  been  in  good  faith  subscribed  as  required  by 
this  act ;  that  the  company  have  surveyed  the  route  of 
its  proposed  road  in  said  county,  and  made  a  map  and 
survey  thereof,  by  which  such  route  is  designated,  and 
that  they  have  located  their  said  road  according  to  such 
survey,  and  filed  a  certificate  thereof,  signed  by  a  ma- 
jority of  the  directors  of  said  company,  in  the  clerk's 
office  of  such  county ;  that  the  property  described  in  the 
petition  is  required  for  the  purpose  of  constructing, 
operating  or  repairing  the  proposed  road  or  its  appurte- 
nances, and  that  the  company  has  not  been  able  to  ac- 
quire title  thereto,  and  the  reason  of  such  inability.  The 
petition  must  also  state  the  names  and  places  of  residence 
of  the  parties,  so  far  as  the  same  can  with  reasonable 
diligence  be  ascertained,  who  own,  or  have  or  claim  to 
own,  or  have  estates  or  interests  in  said  property,  and  if 
any  such  persons  are  infants,  their  ages,  as  near  as  may 
be,  must  be  stated ;  and  if  any  of  them  are  idiots  or  per- 
sons of  unsound  mind,  or  are  unknown,  it  must  be  so 
stated,  together  with  such  other  facts  and  allegations  as 
to  incumbrances  or  otherwise,  as  the  company  may  see 
fit ;  to  make  a  copy  of  such  petition,  with  a  notice  of  the 


154 

copy  of  pe.  time  and  place  the  same  will  be  presented  to  such  court, 
notice  to  be  must  be  served  on  all  persons  whose  interests  are  affected 

served.  .  ,  , .  , 

by  the  proceedings,  at  least  ten  days  prior  to  the  pre- 
sentation of  the  same  to  the  court,  as  follows  : 
service  of  1.  If  the  person  on  whom  such  service  is  to  be  made 
made,' &c?w  resides  in  this  state,  and  is  not  an  infant,  idiot  or  person 
of  unsound  mind,  service  of  a  copy  of  such  petition  and 
notice  must  be  made  on  him  or  his  agent  or  attorney 
authorized  to  contract  for  the  sale  of  the  real  estate  de- 
scribed in  the  petition,  personally  or  by  leaving  the  same 
at  the  usual  place  of  residence  of  such  person,  with  some 
person  of  suitable  age  ;  and  if  he  resides  out  of  this  state, 
but  has  such  agent  as  aforesaid  residing  in  this  state, 
then  service  may  be  made  on  such  agent  in  the  manner 
aforesaid,  or  upon  him  personally  out  of  this  state,  or  it 
when  no- may  be  made  by  publishing  a  notice,  stating  briefly  the 
published,  object  of  the  application,  and  giving  a  description  of  the 
land  or  property  to  be  taken,  in  some  daily  paper  pub- 
lished in  the  city  of  Detroit,  and  in  a  paper  printed  in 
the  county  in  which  such  lands  or  property  are  situate,  if 
there  be  one,  once  in  each  week  for  six  weeks  next  pre- 
vious to  the  presentation  of  the  petition ;  and  if  the 
residence  of  such  person  residing  out  of  this  state  be 
known,  a  copy  of  such  petition  shall  be  deposited  in  the 
post-office  at  least  thirty  days  previous  to  presenting  such 
petition,  directed  to  such  person  at  his  place  of  residence 
as  near  as  may  be,  and  the  postage  in  the  United  States 
paid  thereon. 

where     2.  If  any  person  on  whom  such  service  is  to  be  made 
mTnor  w  or  is  a  minor,  or  an  idiot,  or  person  of  unsound  mind,  and 
served.  h°w  resides  in  this  state,  such  service  shall  be  made  as  afore- 
said on  his  guardian  or  committee,  as  the  case  may  be, 
or  if  none,  then  on  the  person  who  has  the  care  of,  or 
with  whom  such  infant,  idiot  or  person  of  unsound  mind 
resides ;  but  if  such  infant  be  over  the  age  of  fourteen 
years,  then  such  service  shall  be  upon  him  personally, 
if  residence      3.  If  the  person  on  whom  such  service  is  to  be  made 
unknown,    ^e  un]jnovvnj  or  hjg  residence  is  unknown,  then  such  ser- 


155 

vice  may  be  made  by  publication  for  six  weeks  in  the  same 
manner  provided  in  the  first  subdivision  of  this  section. 

4.  In  case  any  party  to  be  affected  by  the  proceedings  when  court 
is  an  infant,  idiot  or  of  unsound  mind,  and  has  no  guar-  SpeeiaiPguar- 
dian  or   committee,  the  court  shall  appoint  a  special 
guardian  or  committee  to  attend  to  the  interests  of  such 
infant,  idiot  or  person  of  unsound  mind ;  and  all  notices 
required  to  be  served  in  the  progress  of  the  proceedings 

may  be  served  on  such  special  guardian  or  committee. 

5.  In  all  cases  not  otherwise  provided  for,  service  of      court  to 

T  .  ,  «       i  T  i  direct  how  to 

orders,  notices  and  other  papers  m  the  proceedings  author-  serve  notice 
ized  by  this  act,  may  be  made  as  such  court  shall  direct,  cases. 

SEC.  20.    On  presenting  such  petition  to  the  circuit  Parties  may 
court  as  aforesaid,  with  proof  of  service  of  a  copy  thereof  against0^ 
and  notice  as  aforesaid,  all  persons  whose  estate  or  inter-  10 
est  is  to  be  affected  by  the  proceedings,  may  show  cause 
against  the  prayer  of  the  petition,  and  may  disprove  any 
of  the  facts  alleged  therein.     The  court  shall  hear  the 
proofs  and  allegations  of  the  parties,  and  if  no  sufficient 
cause  is  shown  against  granting  the  prayer  of  the  petition, 
it  shall  make  an  order  for  the  appointment  of  three  disin- 
terested   and   competent    freeholders,   not    residing    or 
owning  real  estate  in  any  township  through  which  such 
road  is  to  run,  as  commissioners,  to  ascertain  and  de'ter-      commis- 
mine  the  necessity  for  taking  such  lands,  franchises  or  appointed  to 
other  property,  and  to  appraise  and  determine  the  dama-  damages,&c. 
ges  or  compensation  to  be  allowed  to  the  owners  and  per- 
sons interested  in  the  real  estate  or  property  proposed  to 
be  taken  in  such  county  for  the  purposes  of  the  company, 
and  such  court  shall  fix  the  time  and  place  for  the  first 
meeting  of  such  commissioners  :    Provided,  That   any 
person  or   company  whose  estate  or  interest  is  to  be 
affected  by  the  proceedings,  may  demand  and  have  from       owners 
such  court  a  jury  of  twelve  freeholders,  residing  in  themandjuryof 
vicinity  of  such  property,  to  ascertain  and  determine  the 
necessity  for  taking  such  lands,  franchise  or  other  pro- 
perty^ and  to  appraise  and  determine  the  damages  or 
Compensation  to  be  allowed  therefor ;  and  thereupon  the 


156 

said  court  shall  make  an  order  for  the  drawing  of  such 

Howjuryjury  from  the  petit  jury-box  of  the  county,  and  the  clerk 

and6   sum- shall  thereupon  draw  twelve  names  from  such  box  accord- 

moned.  .       -i  i     i      n    •  •    '  •       1  if  •  • 

ingly,  and  shall  issue  a  vemre  in  the  usual  form,  inserting 
therein  the  twelve  names  so  drawn,  and  requiring  such 
jury  to  meet  at  the  time  and  place  appointed  therefor  by 
the  court,  which  said  venire  may  be  served  by  the  sheriff 
or  other  proper  officer  of  the  county,  as  in  other  like 
cases,  and  if  no  such  jury  be  demanded,  the  same  shall 
be  deemed  to  have  been  waived. 
Oath  of  SEC.  21.  The  commissioners  shall  take  and  subscribe 

commission-     .  1  M-III  •    i  i  •    i          r»     i 

era,     their  the  oath  prescribed  by  the  eighteenth  article  of  the  con- 
power,  &C.          .  A     1 

stitution.     Any  01  them  may  issue  subpoenas,  administer 

oaths  to  witnesses,  and  a  majority  of  them  may  adjourn 

the  proceedings  before  them  from  time  to  time,  in  their 

•when  to  discretion.     Whenever  they  meet,  except  by  the  appoint- 

notify     par-  ,,    ,  ,  *..  '  -Tin 

ties.  ment  01  the  court  or  by  previous  adjournment,  they  shall 

cause  reasonable  notice  of  such  meeting  to  be  given  to 
the  parties  who  are  to  be  affected  by  their  proceedings, 
TO  view  the  or  the  attorneys  or  agents  of  such  parties;  they  shall 
take  teftimo- vieW  the  premises  described  in  the  petition,  arid  hear 
the  proofs  and  allegations  of  the  parties,  and  reduce  the  ' 
testimony,  if  any  is  taken  by  them,  to  writing  ;  and  after 
the 'testimony  is  closed  in  each  case,  and  without  any  un- 
reasonable delay,  and  before  proceeding  to  the  examina- 
tion of  any  other  claim,  a  majority  of  them  all  being 
present  and  acting,  shall  ascertain  and  determine  the  ne- 
cessity of  taking  and  using  any  such,  real  estate  or  pro- 
perty for  the  purposes  proposed ;  and  if  they  deem  the 
Decision,  same  necessary  to  be  taken,  they  shall  ascertain  and  deter- 
mine the  damages  or  compensation  which  ought  justly 
to  be  made  by  the  company,  on  account  of  any  damage, 
or  on  account  of  the  construction,  repairing  or  operating 
of  said  rail-road  or  its  appurtenances,  to  the  party  or 
parties  owning  or  interested  in  the  real  estate  or  property 
appraised  by  them;  they  or  a  majority  of  them  shall 
also  determine  and  certify  what  sum  ought  to  be  paid  to 
the  general  or  special  guardian  or  committee  of  an  in- 


15T 
fant,  idiot  or  person  of  unsound  mind,  or  to  the  clerk  of   Determine 

,,  i        i     T  i    />  i  '     *  .amount  to  be 

the  court,  to  be  held  lor  an  unknown  party  in  interest  paid  for  ex- 
not  personally  served  with  notice  of  the  proceedings,  and  certain 
who  has  not  appeared,  for  costs  or  expenses  and  counsel 
fees.     They  shall  make  a  report  to  the  court  by  which  TO  make  re- 

17  »       t      •        a  Porl  to  conrt- 

they  are  appointed,  signed  by  them,  or  a  majority  of 

them,  of  the  proceedings  before  them,  with  the  minutes 

of  the  testimony  taken  by  them,  if  any.     Said  commis-  compensa- 

sioners  shall  be   entitled  to  three  dollars  for  each  day  nSs&ionere? 

they  are  engaged  in  the  performance  of  their  duties,  to 

be  paid  by  the  company  ;  and  in  case  a  jury  shall  have 

been  demanded  and  ordered  by  the  court,  pursuant  to 


,     ,  .  ,1  •  i     •  in  j  ceedsameas 

section  twenty  of  this  act,  the  said  jury  shall  proceed  commission- 
to  ascertain  and  determine  the  necessity  of  taking  and 
using  any  such  real  estate  or  property,  and  as  well  the 
damages  or  compensation  to  be  paid  by  the  company 
therefor,  in  the  same  manner  and  with  the  like  effect  as 
is  provided  in  this  section  in  the  case  of  commissioners, 
but  they  shall  all  be  present  and  act  together  during  the 
proceedings,  and  shall  take  and  subscribe  an  oath  that 
they  will  justly  and  impartially  ascertain  and  determine 
the  necessity  of  taking  and  using  any  such  real  estate  or 
property  for  the  purposes  proposed,  and  if  they  deem  the 
same  necessary  to  be  taken,  will  ascertain  and  determine 
the  damages  or  compensation  which  ought  justly  to  be 
made  by  the  company  for  the  same  ;  and  they  shall  ^ 
entitled  to  two  dollars  for  each  day  they  are  engaged  in  «>«• 
the  performance  of  their  duties,  to  be  also  paid  by  the 
company. 

SEC.  22.  On  such  report  beins;  made  by  the  commis-  conn  on  mo- 

•  lion  to  con- 

sioners  or  jury,  the  court,  on  motion  of  the   company,  firm  report. 
shall  confirm  the  same  at  the  next  term,  or  if  said  report 
is  made  and  filed  during  term  time,  then  the  same  shall 
be  confirmed  daring  said  term,  unless  for  good   cause 
shown  by  either  party  ;  and  when  said  report  is  confirm-     TO  make 
ed,  said  court  shall  make  an  order  containing  a  recital  of 
the  substance  of  the  proceedings  in  the  matter  of  the 
appraisal,  and  a  description  of  the  real  estate  or  property 
appraised,  for  which  compensation  is  to  be  made,  am? 


158 

TO  direct  shall  also  direct  to  whom  the  money  is  to  be  paid,  [or] 
iTeTshauTe  where  it  shall  be  deposited  by  the  company;  said  court) 
^ere  depo- as  to  the  confirmation  of  such  report,  shall  have  all  the 

sited.  i   .         ,, 

powers  usual  in  other  cases. 

copy  of  or-     SEC.  23.  A  certified  copy  of  the  order  so  to  be  made 

corde°(i.be  re~  shall  be  recorded  at  full  length  in  the  office  of  the  regis- 
ter of  deeds  for  said  county,  in  the  book  of  deeds ;  and 
thereupon,  on  the  payment  or  deposit  by  the  said  com- 
when  pro- pany,  of  the  sum  to  be  paid  as  compensation  for  such 

mcrt"corpora-  land,  franchise  or  other  property,  and  for  costs,  expenses 
and  counsel  fees  as  aforesaid,  and  as  directed  by  said  or- 
der, the  company  shall  be  entitled  to  enter  upon  and 
take  possession  of,  and  use  the  said  land,  franchise  and 
other  property  for  the  purposes  of  its  incorporation  ;  and 
all  persons  who  have  been  made  parties  to  the  proceed- 
ings, either  by  publication  or  otherwise,  shall  be  divested 
and  barred  of  all  right,  estate  and  interest  in  such  real 
estate,  franchise  or  other  property,  until  such  right  or 
Deemed  to  title  shall  be  again  legally  vested  in  such  owner;  and 

use.°ri  'call  real  estate  or  property  whatsoever,  acquired  by  any 
company  under  and  in  pursuance  of  this  act,  for  the  pur- 
pose of  its  incorporation,  shall  be  deemed  to  be  acquired 
when  par- for  public  use.  Within  twenty  days  after  the  contirma- 

ties  may  ap-    .  /.   ,«•  ,.  ,  i  .  •  , 

peal  to  su  tion  of  the  report  of  the  commissioners  or  jury,  as  above 
rt'  provided  for,  either  party  may  appeal  by  notice  in  writ- 
ing to  the  other,  to  the  supreme  court,  from  the  appraisal 
or  report  of  the  commissioners  or  jury;  such  appeal  shall 
be  heard  by  the  supreme  court  at  any  general  or  special 
term  thereof,  on  such  notice  thereof  being  given  according 
to  the  rules  and  practice  of  the  court ;  on  the  hearing  of 
such  appeal  the  court  may  direct  a  new  appraisal  before 
the  same,  or  new  commissioners  or  jury,  in  its  discretion. 
The  second  report  shall  be  final  and  conclusive  upon  all 
Costs  of  ap- parties  interested.     If  the  amount  of  the  compensation 
damagescl!re  to  be  allowed  by  the  company  is  increased  by  the  second 
report,  the  difference  shall  be  a  lien  on  the  land  ap- 
praised, and  shall  be  paid  by  the  company  to  the  parties 
entitled  to  the  same,  or  shall  be  deposited  as  the  court 


159 

shall  direct;  and  in  such  case  all  costs  of  the  appeal  shall 
be  paid  by  the  company;  but  if  the  amount  is  dimin-  where  dam- 
ished,  the  difference  shall  be  refunded  to  the  company  by  miuisued. 
the  party  to  whom  the  same  may  have  been  paid,  and 
judgments  therefor  and  for  all  costs  of  the  appeal  shall  be 
rendered  against  the  party  so  appealing  ;  on  the  filing  of  Appeal  not 

.  J.  .to  affect  any 

the  report,  such  appeal,  when  made  by  any  claimant  of  parties    ex- 

.  j       j  cept  the  par- 

damages,  shall  not  anect  the  said  report  as  to  the  right  ties   to  the 

,.B       appeal. 

and  interests  of  any  party,  except  the  party  appealing, 
nor  shall  it  affect  any  part  of  said  report  in  any  case, 
except  the  part  appealed  from,  nor  shall  it  affect  the  pos- 
session by  such  company  of  the  land  appraised ;  and 
when  the  same  is  made  by  others  than  the  company,  it 
shall  not  be  heard  except  on  a  stipulation  of  the  party 
appealing  not  to  disturb  such  possession. 

SKC.  2-i.  If  there  are  adverse  or  conflicting  claimants    conflicting 

.,  ,?..  ••  .  j  claims,    how 

to  the  money,  or  any  part  of  it,  to  be  paid  as  compensa-  determined, 
tion  for  the  real  estate  or  property  taken,  the  court  may 
direct  the  money  to  be  paid  into  the  said  court  by  the 
company,  and  may  determine  who  is  entitled  to  the  same, 
a.nd  direct  to  whom  the  same  shall  be  paid,  and  may,  in 
its  discretion,  order  a  reference  to  ascertain  the  facts  on 
which  such  determination  and  order  are  to  be  made. 

SEC.  25.  The  court  shall  appoint  a  competent  attorney  court  to  ap- 
to  appear  for  and  protect  the  rights  of  any  party  inEey"  i/ce?- 
interest  who  is  unknown,  or  whose  residence  is  unknown, 
and  has  not  appeared  in  the  proceedings  by  an  attorney 
or  agent ;  the  court  shall  also  have  power  at  any  time  to 
amend  any  defect  or  informality   in  any  of  the  special 
proceedings  authorized  by  this  act,  as  may  be  necessary, 
or  to  cause  new  parties  to  be  added,  and  to  direct  such 
further  notices  to  be  given  to  any  party  in  interest  as  it 
deems  proper ;   also  to  appoint  other  commissioners  in 

,  ,  i          i      -M    T  ,.  t  sioners. 

the  place  of  any  who  shall  die,  or  refuse  or  neglect,  or  are 
unable  to  serve,  or  who  may  leave  or  be  absent  from  the 
state. 

SEC.  26.  At  any  time  after  an  attempt  to  acquire  title 
by  any  rail-road  company  by  an  appraisal  of  damages  or 


160 
if  title  de- otherwise,  if  it  shall  be  found  that  the  title  thereby  at- 

fective,  com-  -  .  .     .       -     , 

rany    maytempted  to  be  acquired  is  detective,  the  company  may 
anew,    and  proceed  anew  to  acquire  or  perfect  the  same  in  the  same 

in  such  case  l  .-«,«•-, 

authorized  to  manner  as  if  no  appraisal  had  been  made:  and  at  any 

continue    in  " 

possession,  stage  of  such  new  proceedings  the  court  may  authorize 
the  corporation,  if  in  possession,  to  continue  in  possession, 
and  if  not  in  possession,  to  take  possession  of  and  use  such 
real  estate  or  other  property  during  the  pendency  and 
until  the  final  conclusion  of  such  new  proceedings,  and 
may  stay  all  actions  or  proceedings  against  any  company, 
or  any  officer  or  workmen  of  such  company  on  account 
thereof,  on  such  company  paying  into  court  a  sufficient 
sum,  or  giving  security  as  the  court  may  direct,  to  pay 
the  compensation  therefor  when  finally  ascertained ;  and 
in  every  such  case  the  party  interested  in  such  real  estate 
•  or  other  property  may  conduct  the  proceedings  to  a  con- 
clusion, if  the  company  delays  or  omits  to  prosecute  the 
same. 

corporation  SEC.  27.  All  companies  organized  under  this  act,  (and 
money,  issue  all  other  rail-road  companies,)  shall  have  power  from  time 
gaga  pro* tb  time  to  borrow  such  sums  of  money  as  they  may  deem 
necessary  for  completing  and  finishing  or  operating  their 
rail-road,  and  to  issue  and  dispose  of  their  bonds  for  any 
amount  so  borrowed  for  such  sums  and  at  such  rate  of 
interest  as  they  may  deem  advisable,  and  to  mortgage 
their  corporate  property  and  franchises  to  secure  the  pay- 
ment of  any  debt  contracted  by  the  company  for  the  pur- 
Bonds  con-  poses  aforesaid  ;  and  the  directors  of  the  company  may 
confer  on  any  holder  of  any  bond  issued  for  money  bor- 
rowed as  aforesaid,  the  right  to  convert  the  principal  due 
or  owing  thereon  into  stock  of  said  company  at  any  time, 
not  exceeding  twenty  years  from  the  date  of  said  bond, 
under  such  regulations  as  the  company  may  see  fit  to 
adopt;  and  such  company  may  sell  their  bonds  either 
within  or  without  this  state,  at  such  rates  and  prices  as 
they  may  deem  proper ;  and  in  case  the  capital  stock  of 
'hi*  any  such  rail-road  company  is  found  to  be  insufficient  for 
constructing  or  operating  its  road,  or  for  building  a 


161 

double  track,  repairs  or  other  improvement,  to  facilitate 
the  transportation  of  persons  and  property,  such  company 
may,  with  the  concurrence  of  a  majority  of  its  stock- 
holders, by  vote  at  any  annual  meeting,  or  special  meet- 
ing called  for  that  purpose,  increase  its  capital  stock  to 
the  requisite  amount. 

SEC.  28.  Whenever  the  track  of  any  rail-road  crosses     Highway 
or  shall  cross  a  road  or  highway,  such  road  or  highway  "el  overaor 
may  be  carried  under  or  over  the  track,  as  may  be  found™ 
most  expedient ;  and  in  case  where  an  embankment  or 
cutting  shall  make  a  change  in  the  line  of  such  road  or   when  line 

•U*    1  i      •      11  -.1  •  of    highway 

highway  desirable,  with  a  view  to  a  more  easy  ascent  or  may  be 
descent,  the  said  company  may  take  such  additional  lands 
for  the  construction  of  such  road  or  highway,  or  such  new 
line,  as  may  be  deemed  requisite  by  said  directors,  unless 
the  lands  so  taken  shall  be  purchased  or  voluntarily  given 
for  the  purposes  aforesaid ;  the  necessity  thereof  and  the 
compensation  therefor  shall  be  ascertained  in  the  manner 
in  this  act  provided,  as  nearly  as  may  be,  and  duly  made 
by  said  corporation  to  the  owners  and  persons  interested 
in  such  lands ;  the  same,  when  so  taken  or  compensation 
made,  to  become  part  of  such  intersecting  road  or  high- 
way, in  such  manner  and  by  such  terms  as  the  adjacent 
parts  of  the  same  highway  may  be  held  for  highway  pur- 
poses. 

SEC.  29.  If  at  any  time  after  the  location  and  use  of  when  and 
the  track  of  any  rail-road  company  organized  under  the rau^oa'dmay 
provisions  of  this  act.  it  shall  appear  to  the  directors  of 
said  company  that  the  line  in  some  parts  thereof  may  be 
improved,  it  shall  be  lawful  for  said  directors  from  time 
to  time  to  alter  the  lines,  and  cause  a  new  map  to  be  filed 
in  the  office  where  the  map  showing  the  first  creation  of 
such  company  is  or  shall  be  filed,  and  the  register's  office 
of  any  county  through  which,  by  means  of  such  change, 
said  road  shall  pass,  or  into  which  it  shall  run ;  and  when 
a  new  line  is  adopted,  to  take  possession  of  the  lands 
embraced  in  such  new  location  that  may  be  required  for 
the  construction  and  maintenance  of  said  road  on  such 

11 


162 

new  line,  and  the  convenient  accommodations  appertain- 
ing to  the  same,  either  by  agreement  with  the  owner  or 
owners,  or  by  such  proceedings,  as  near  as  may  be,  as  are 
authorized  under  the  preceding  sections  of  this  act,  and 
use  the  same  in  place  of  the  line  for  which  the  new  is 

substituted.     Nothing  in  this  act  contained  shall  author- 
not  to  be  lo- 
cated in  any  ize  the  said  company  to  make  a  location  of  their  track 

city    without  .  .  .  , 

consent    of  within  any  city  without  the   consent  of  the   common 

corporate  .         . 

authorities,   council  of  said  city,  nor  in  any  incorporated  village  with- 
out the  consent  of  the  corporate  authorities  thereof. 
Lands  own-     SEC.  30.  If  any  such  corporation  shall,  for  its  purpose 
couniLs   or  aforesaid,  require  any  land  belonging  to  the  people  of 

townships,  -..  .  ,     J  . 

how  acquir-  this  state,  or  to  any  ot  the  counties  or  towns,  the  commis- 
sioner of  the  land  office  and  the  county  and  town  officers 
respectively  having  charge  of  said  lands,  may  grant  such 
lands  to  such  corporation  for  a  compensation  which  shall 
be  agreed  upon  between  them  ;  or  in  case  they  cannot  so 
agree,  then  such  lands  shall  be  appraised  as  in  other  cases ; 
all  notices  in  cases  where  the  state  is  owner,  to  be  served 
upon  the  commissioner  of  the  land  office;  when  the 
county  is  the  owner,  upon  the  prosecuting  attorney  of 
such  county,  and  when  the  township  is  the  owner,  upon 
the  supervisor  of  such  township. 

conductors,  SEC.  31.  Every  conductor,  baggage-master,  engineer, 
badges.  brakeman  or  other  servant  of  such  rail-road  corporation, 
organized  under  the-  provisions  of  this  act,  or  otherwise 
created,  employed  in  a  passenger  train,  or  at  stations  for 
passengers,  shall  wear  upon  his  hat  or  cap  a  badge,  which 
shall  indicate  his  office,  and  the  initial  letters  of  the  style 

staii  have  of  the  corporation  by  which  he  is  employed.     ~No  con- 
no  authority  .  iiiini 

without  such  ductor  or  collector,  without  such  badge,  shall  demand  or 

badge. 

be  entitled  to  receive  from  any  passenger  any  fare,  toll 
or  ticket,  or  to  exercise  any  of  the  powers  of  his  office  ; 
and  no  other  of  said  officers  or  servants,  without  such 
badge,  shall  have  any  authority  to  meddle  or  interfere 
Use  or  in.  with  any  passenger,  his  baggage  or  property.     No  person 
drinks'  pro- shall  be  employed  as  an  engineer,  fireman,  baggage-mas- 
ter, conductor  or  other  servant,  upon  any  rail-road,  who 


163 

uses  intoxicating  drinks  as  a  beverage;  and  any  company    Liability  of 
in  whose  service  any  such  person  shall  be  employed,  shall  compan 
be  liable  to  a  penalty  of  twenty-five  dollars  for  every 
such  offence,  to  be  sued  for  in  the  name  of  the  people  of 
this  state  :  Provided,  That  no  such  company  shall  be    Proviso. 
liable  to  said  penalty,  unless  it  Shall  appear  that  the  su- 
perintendent, or  other  officers  having  charge  or  supervi- 
sion over  such  employee,  or  whose  duty  it  is  to  report 
the  misconduct  of  such  employee  so  using  intoxicating 
liquor,  had  knowledge  of  the  fact  that  such  employee 
used,  or  had  used,  while  in  the  employ  of  such  rail-road 
company,  such  liquor. 

SEC.  32.  Every  rail-road  corporation  in  this  state  shall    Annual  re- 
make an  annual  report  to  the  auditor-general,  which  report  made  to  au- 
shall  be  verified  by  the  oath  of  the  treasurer  or  president 
and  acting  superintendent,  of  the  operations  of  the  year 
ending  on  the  first  day  of  January  in  each  year,  and  shall 


1.  The  capital  stock  and  the  amount  actually  paid  in.       contents 

2.  The  amount  expended  for  the  purchase  of  lands  for  ° 
the  construction  of  the  road,  for  buildings,  and  for  engines 
and  cars  respectively. 

3.  The  amount  and  nature  of  its  indebtedness,  and  the 
amounts  due  the  corporation. 

4.  The  amount  received  for  the  transportation  of  pas- 
sengers, of  property,  of  mails  and  from  other  sources. 

5.  The  amount  of  freight  —  specifying  the  quantity  in 
tons  —  of  the  products  of  the  forest,  of  animals,  of  vegeta- 
ble food  and  other  agricultural  products,  manufactures, 
merchandise  and  other  articles. 

6.  The  amount  paid  for  repairs,  engines,  cars,  buildings 
and  salaries. 

7.  The  number  and  amount  of  dividends,  and  when 
paid. 

8.  The  number  of  engine  houses  and  shops,  of  engines 
and  cars,  and  their  character. 

9.  The  number  of  miles  run  by  passenger,  freight  and 
other  trains  respectively. 


164 

10.  The  number  of  men  employed,  and  their  occupa- 
tion. 

11.  The  number  of  persons  injured  in  life  or  limb,  and 
the  cause  of  such  injury. 

12.  Whether  any  accidents  have  arisen  from  careless- 
ness or  negligence  of  any  person  in  the  employment  of 
the  corporation,  and  whether  such  person  is  retained  in 
the  service  of  the  corporation. 

SEC.  33.  Any  such  corporation,  which  shall  neglect  to 

for    making  * 

false  report  make  such  report,  or  which  shall  wilfully  make  a  false 

report,  shall  be  liable  to  a  penalty  of  two  hundred  and 

fifty  dollars,  to  be  sued  for  in  the  name  of  the  people  of 

Duty  of  this  state.     It  shall  be  the  duty  of  the  auditor-general  to 

•end!  °r'  lD"  arrange  the  information  contained  in  such  reports  in  a 
tabular  form,  and  prepare  the  same,  together  with  the 
said  reports,  in  a  single  document  for  printing,  for  the 
use  of  the  legislature,  on  the  first  day  of  its  regular  ses- 
sion. 
Lie*  of  the  SEC.  34.  This  state  shall  have  a  lien  upon  all  rail-roads 

rau-ro*<££°n  therein,  and  their  appurtenances  and  stock  therein,  for 
all  penalties,  taxes  and  dues  which  may  accrue  to  the 
state  from  the  corporations  owning  the  same,  which  lien 
of  the  state  shall  take  precedence  of  all  demands,  judg- 
ments or  decrees  against  said  corporations ;  and  each 
Lien  of  citizen  of  this  state  shall  have  a  lien  upon  all  the  personal 
property  of  said  corporations,  for  all  penalties,  dues  and 
demands  against  any  such  corporation,  to  the  amount  of 
one  hundred  dollars,  originally  contracted  within  this 
state,  which,  after  said  lien  of  the  state,  shall  take  prece- 
dence of  all  other  debts,  demands,  judgments  or  decrees, 
liens  or  mortgages,  against  said  corporation. 
Legislature  SEC.  35.  The  legislature  may,  when  any  rail-road  or- 

Spffa^ganized  under  this  act  is  opened  for  use,  from  time  to 

tain  cases**"  time  alter  or  reduce  the  rates  of  toll,  fare,  freight  or  other 
profits  upon  such  road ;  but  the  same  shall  not,  without 
the  consent  of  the  corporation,  be  so  reduced  as  to  pro- 
duce less  than  fifteen  per  cent,  per  annum  on  the  capital 
actually  paid  in ;  nor,  unless  on  an  examination  of  the 


165 

amounts  received  and  expended,  to  be  made  by  the  audi- 
tor-general, he  shall  ascertain  that  the  net  income  divided 
by  the  company  from  all  sources  for  the  year  then  last 
past  shall  have  exceeded  an  annual  income  of  fifteen  per 
cent,  upon  the  capital  of  the  corporation  actually  paid  in. 

SEC.  36.    Any  corporation  organized  under  this  law  corporation 

»  r  required     to 

shall,  when  applied  to  by  the  postmaster-general,  convey  carry  mails, 
the  mails  of  the  United  States  on  their  road  or  roads  re- 
spectively ;  and  in  case  such  corporation  shall  not  agree 
to  the  rates  of  transportation  thereof,  and  as  to  time,  rate 
of  speed,  manner  and  condition  of  carrying  the  same,  it 
shall  be  lawful  for  the  governor  of  this  state  to  appoint 
three  commissioners,  who,  or  a  majority  of  them,  after  wnencom- 

i  .  i-i  missioners 

fifteen  days  notice  in  writing  of  the  time  and  place  of  to    be   ap- 

•'  '  r  pointed  to  fix 

meeting,  to  the  corporation,  shall  determine  and  fix  the  compensa- 
prices,  times  and  conditions  aforesaid ;  but  such  prices 
shall  not  be  less  for  conveying  said  mails,  in  the  regular 
passenger  trains,  than  the  amount  which  said  corporation 
would  receive  as  freight  on  a  like  weight  of  merchandise, 
transported  on  their  merchandise  train,  and  a  fair  com- 
pensation for  the  post-office  car.  And  in  case  the  post- 
master-general shall  require  the  mail  to  be  carried  at 
other  hours  and  at  a  higher  speed  than  the  passenger 
trains  be  run  at,  the  corporation  shall  furnish  an  extra 
train  for  the  mail,  and  be  allowed  an  extra  compensation 
for  the  expenses  and  wear  and  tear  thereof,  and  for  the 
services  to  be  fixed  as  aforesaid. 

SEC.  37.  If  any  passenger  shall  refuse  to  pay  his  fare   Passengers 
or  toll,  it  shall  be  lawful  for  the  conductor  of  the  train  payf'nmy  be 
and  servants  of  the  corporation  to  put  him  out  of  the  cars  pu 
at  any  usual  stopping  place  or  dwelling-house  the  con- 
ductor shall  select. 

SEC.  38.  Every  corporation  in  the  last  section  mentioned     cars,  &c., 

•  *  ^  to    be     run 

shall  start  and  run  their  cars  for  the  transportation  of  pas- »<•    regular 

*  r         times,   to  be 

sengers  and  property  at  regular  times,  to  be  fixed  by  pub-  |>*|d  bx  no- 
lle notice,  and  shall  furnish  sufficient  accommodation  for  corporation 

to  furnish  ac- 

the  transportation  of  all  such  passengers  and  property  as  ^moda' 
shall,  within  a  reasonable  time  previous  thereto,  offer  or 


166 

be  offered  for  transportation  at  the  place  of  starting,  and 
the  junctions  of  other  rail-roads,  and  at  siding  and  stop- 
ping places  established  for  discharging  and  receiving  way 
passengers  and  freight,  and  shall  take,  transport  and  dis- 
charge such  passengers  and  property  at,  from  and  to  such 
places,  on  the  due  payment  of  toll,  freight  or  fare,  legally 
authorized  therefor ;  and  every  such  corporation  shall 
transport  merchandise,  property  and  persons  from  the 
various  stations  upon  said  road,  without  partiality  or 
favor,  when  not  otherwise  directed  by  the  owner  of  said 
property,  and  with  all  practicable  dispatch,  and  in  the 
order  in  which  said  freight  and  property  shall  have  been 

Penalty,  received,  under  a  penalty  for  each  violation  of  this  pro- 
vision, of  one  hundred  dollars,  to  be  recovered  by  the 
party  aggrieved,  in  an  action  of  debt  against  such  cor- 
poration. 

Liable  for*   SEC.  39.  In  case  of  the  refusal  by  such  corporation  or 

damages    to  •.  -.  , 

party  ag-  agents  so  to  take  and  transport  any  such  passengers  or 
property  as  aforesaid,  or  to  deliver  the  same,  or  either  of 
them,  at  the  regular  or  appointed  time,  without  a  legal 
or  just  excuse  for  such  default,  such  corporation  shall  pay 
to  the  party  aggrieved  all  damages  which  shall  be  sus- 
tained thereby,  with  costs  of  suit,  or  the  penalty  prescribed 
in  section  38  of  this  act,  at  the  election  of  the  party  ag- 
grieved. 

Ben    and     SEC.  40.  A  bell  of  at  least  thirty  pounds  weight,  and 
a  steam  whistle,  shall  be  placed  on  each  locomotive  engine, 
and  said  bell  shall  be  rung  or  whistle  sounded  at  the  dis- 
tance of  not  less  than  eighty  rods  of  the  place  where  the 
Penalty  for  said  road  shall  cross  any  other  road  or  street,  under  a  pen- 
alty of  fifty  dollars  for  every  neglect,  to  be  paid  by  the 
corporation  owning  such  rail-road,  and  the  rail-road  cor- 
poration shall  also  be  liable  for  all  damages  which  shall 
be  sustained  by  any  person  by  reason  of  such  neglect, 
caution     SEC.  41.  Every  rail-road  corporation  shall,  and  they 
erected  °  a*t  are  hereby  authorized  to  cause  boards  to  be  placed,  well 
ing*.  >   "  supported  by  posts  or  otherwise,  and  maintained  across 
each  public  road  or  street,  where  the  same  is  crossed  by 


167 

the  rail-road  and  on  the  same  level ;  the  boards  shall  be 
elevated  so  as  not  to  obstruct  the  travel,  and  to  be  easily 
seen  by  travellers,  and  on  each  side  of  said  board  shall 
be  printed  in  capital  letters,  of  the  size  of  not  less  than 
nine  inches  each,  the  words,  "rail-road  crossing;  look 
out  for  the  cars  !"  But  this  section  shall  not  apply  to 
streets  in  cities  or  villages,  unless  the  rail-road  corporation 
be  required  to  put  up  such  boards  by  the  officers  having 
charge  of  such  streets. 

SEC.  42.  If  any  person  shall  be  intoxicated,  while  in  Person hav- 

i  />         T  •  •  •  ii_  -i    inS     charge 

charge  ot  a  locomotive  engine,  running  upon  the  rail- of    engine, 

„  .  .,  t>eing  'ntox- 

road  of  any  corporation  in  this  state,  or  while  acting  asicated-liat)le 

•  '  '         for  all  dama- 

the  conductor  of  any  train  of  cars  on  any  such  rail-road,  ge»- 
he  shall  be  liable  for  all  damages  incurred  or  produced 
by  either  his  neglect  or  inefficiency,  and  shall  be  deemed 
guilty  of  a  misdemeanor. 

SEC.  43.  Every  rail-road  corporation  formed  under  this  corporation 

,,     i      .    to    maintain 

act  shall  erect  and  maintain  fences  on  the  sides  oi  their  fences,  &c. 
road,  of  the  height  and  strength  of  a  division  fence  re- 
quired by  law,  with  suitable  openings  and  gates  therein, 
and  convenient  farm  crossings  of  the  road,  for  the  use  of 
the  proprietors  of  lands  adjoining   such  rail-road,  and 
also  to  construct  and  maintain  cattle  guards  at  all  road 
crossings,  suitable  and  sufficient    to  prevent  cattle  and 
animals  from  getting  on  to   the  rail-road;   until   such    Liability  of 
fences  and  cattle  guards  shall  be  duly  made,  the  corpo-  damages un- 

•  i  •  iniTiir»-iii  i  •    i    til  fences  are 

ration  and  its  agents  shall  be  liable  tor  all  damages  which  erected. 

o  o 

shall  be  done  by  their  agents  or  engines  to  cattle,  horses 
or  other  animals  thereon,  and  all  other  damages  which 
may  result  from  the  neglect  of  said  corporation  to  erect 
and  maintain  fences  and  farm  crossings  as  aforesaid  ;  and 
after  such  fences  and  guards  shall  be  duly  made  and 
maintained,  the  corporation  shall  not  be  liable  for  any 
such  damages  unless  negligently  or  wilfully  done  ;  and 
if  any  person  shall  ride,  lead  or  drive  any  horse  or  ani- 
mal upon  such  road,  and  within  such  fences  and  guards, 
other  than  at  farm  crossings,  without  the  consent  of  the 
corporation,  he  shall  for  every  such  offence  forfeit  a  sum 


168 

not  exceeding  ten  dollars,  and  shall  also  pay  all  damages 

which  shall  be  sustained  thereby,  to  the  party  aggrieved. 

Passengers     SEC.  44.  In  case  any  passenger  on  any  rail-road  shall 

ininredwhile -I         ..  ii«i  ,1  i     ,/>  n     ' 

violating  re- be  injured  while  on  the  platform  of  a  car,  or  on  any 

recover  baggage,  wood  or  freight  car,  in  violation  of  the  printed 

regulations  of  the  company,  posted  up  at  the  time  in  a 

conspicuous  place  inside  its  passenger  cars  then  in  the 

train,  such  company  shall  not  be  liable  for  the  injury: 

Provided,  Said  company    at   the  time  furnished  room 

and  seats  inside  its  passenger  cars  sufficient  for  the  proper 

accommodation  of  its  passengers. 

Tax  to  be     SEC.  45.  Every  corporation  formed  under  the  provi- 

£easurer!atesions  of  this'act  shall,  on  or  before  the  first  day  of  July, 
pay  the  state  treasurer  an  annual  tax  of  one  per  cent, 
on  the  capital  stock  'of  said  company  paid  in,  which  tax 
shall  be  in  lieu  of  all  other  taxes  upon  the  property  of 
said  company,  whether  real,  personal  or  mixed,  except 
penalties  by  this  act  imposed  ;  the  said  tax  shall  be  esti- 
mated upon  the  last  annual  report  of  said  corporation, 
but  nothing  contained  in  this  section  shall  apply  to  any 
existing  corporations, 
penalties,  SEC.  46.  All  penalties  incurred  under  the  provisions  of 

ed.  c  er"this  act,  when  not  otherwise  provided  for,  may  be  sued 
for  in  the  name  of  the  people  of  the  state  of  Michigan  ; 
and  if  such  penalty  be  for  a  sum  not  exceeding  one  hun- 
dred dollars,  then  suit  may  be  brought  before  a  justice 
of  the  peace, 
when  in-  SEC.  47.  If  any  rail-road  corporation  shall  not,  within 

corporation      .  „         .      .  .          ,         .        •.  . 

to    become  three  years  alter  its  incorporation,  begin  the  construction 

void.  .,  .       •* 

oi  its  road,  and  expend  thereon  ten  percent,  on  the  amount 
of  its  capital,  and  finish  the  road  and  put  it  in  full  ope- 
ration in  seven  years  thereafter,  its  act  of  incorporation 
shall  become  void,  so  far  as  it  applies  to  that  portion  of 
said  road  then  unfinished. 

TO  have     SEC.  48.  Any  rail-road  company  receiving  freight  for 
and   uabiii- transportation  shall  be  entitled  to  the  same  rights  and 

ties  of  com-          .  ,  ,...,..  . 

mon  carriers,  subject  to  the  same  liabilities  as  common  carriers,  except 
as  herein  otherwise  provided.     Whenever  two  or  more 


169 

rail-roads  are  connected  'together  by  running  arrange- 
ments, any  company  owning  either  of  said  roads  receiving 
freight  to  be  transported  by  agreement  to  any  place  on 
the  line  of  either  of  the  said  roads  so  connected,  shall  be 
liable  as  common  carriers  for  the  delivery  of  such  freight 
at  such  place.  In  case  any  such  company  shall  become 
liable  to  pay  any  sum,  by  reason  of  the  neglect  or  mis- 
conduct of  any  other  company  or  companies,  the  com- 
pany paying  such  sum  may  collect  the  same  of  the  com- 
pany or  companies  by  reason  of  whose  neglect  or  mis- 
conduct it  became  so  liable.  No  rail-road  corporation  Not  to 
created  in  this  state  shall  be  suffered  to  lessen  or  directly  faw  infbiiu^ 
or  indirectly  abridge  their  common  law  liability  as  such 
common  carriers. 

SEC.  49.  Any  rail-road  company  in  this  state  may,  by     May  take 
means  of  subscription  to  the  capital  of  any  other  com-  other   com" 
pany,  or  otherwise,  aid  such  company  in  the  construction  pa 
of  its  rail-road,  with  the  assent  of  such  other  company  ; 
or  any  rail-road  company,  in  order  to  facilitate  the  trans-    May  make 
action  of  business,  and  prevent  the  expense  to  the  public  S^^with 
of  delays,  stoppages  and  unnecessary  transhipment  of  plahnYe8  cTr 
merchandise  and  passengers,   may  make  any  arrange-™1 
ments  with  other  rail-road  companies  within  or  without 
this  state,  for  the  running  of  its  cars  over  the  road  of  such 
other  company,  or  for  the  working  and  operating  of  such 
other  rail-roads  as  said  companies  shall  mutually  agree 
upon  ;  such  agreement,  however,  to  be  filed  in  the  office 
of  the  secretary  of  state,  and  be  open  to  the  inspection 
of  the  public  ;  and  any  two  or  more  rail-road  companies 
whose  lines  are  connected,  may  enter  into  any  arrange- 
ments for  their  common  benefit,  consistent  with  and  cal- 
culated to  promote  the  objects  for  which  they  were  cre- 
ated :  Provided,  That  no  such  aid  shall  be  furnished  nor    Meeting  of 
arrangement  perfected  until  a  meeting  of  stockholders  to°c  be°  flret 
of  each  of  said  companies  shall  have  been  called  by  the 
directors  thereof,  at  such  time  and  place  and  in  such 
manner  as  they  shall  designate,  and  the  holders  of  a  ma- 


jority  in  interest  of  the  stock  of  such  company  represent- 
ed at  such  meeting,  in  person  or  by  proxy,  and  voting 
thereat,  shall  have  assented  thereto. 

•when  com-     SEC.  50.  Any  rail-road  company  in  this  state,  forming 
consolidate!7  a  continuous  or  connected  line  with  any  other  rail-road 
company,   may   consolidate   with  such   other  company 
either  in  or  out  of  this  state,  into  a  single  corporation : 
Provided,  That  no  such  companies  having  parallel  lines 
or  lines  diverging  and  converging,  but  being  contermi- 
nous, shall  be  permitted  to  consolidate  themselves  into 
HOW  con- one  corporation.     The  directors  of  said  two  or  more  cor- 

solidation  to  .  . 

be  effected,  porations  may  enter  into  an  agreement  under  the  corpo- 
rate seal  of  each,  for  the  consolidation  of  the  said  two  or 
more  corporations,  prescribing  the  terms  and  conditions 
thereof,  the  mode  of  carrying  the  same  into  effect,  the 
name  of  the  new  corporation,  the  number  of  the  direct- 
ors thereof,  which  shall  not  be  less  than  seven  nor  more 
than  thirteen,  the  time  and  place  of  holding  the  first 
election  of  directors,  the  number  of  shares  of  capital 
stock  in  the  new  corporation,  the  amount  of  each  share, 
the  manner  of  converting  the  shares  of  capital  stock  in 
each  of  said  two  or  more  corporations  into  shares  in  such 
new  corporation,  with  such  other  details  as  they  shall 
deem  necessary  to  perfect  such  consolidation  of  said  cor- 
porations ;  and  such  new  corporation  shall  possess  all  the 
powers,  rights  and  franchises  conferred  upon  such  two  or 
more  corporations,  and  shall  be  subject  to  all  the  restric- 
tions and  perform  all  the  duties  imposed  by  the  provi- 
sions of  their  respective  charters  or  laws  of  organization, 
Agreement  not  inconsistent  with  the  provisions  of  this  act.  Such 

muted  8U to  agreement  of  the  directors  shall  not  be  deemed  to  be  the 
rs' agreement  of  the  said  two  or  more  corporations  until  after 
it  has  been  submitted  to  the  stockholders  of  each  of  said 
corporations  separately,  at  a  meeting  thereof,  to  be  called 
as  aforesaid,  and  has  been  sanctioned  by  such  stockhold- 
ers by  the  vote  of  a  majority  in  interest  of  the  stock- 
holders present  at  such  meeting,  in  person  or  by  proxy, 
and  voting,  each  share  of  capital  stock  being  entitled  to 


in 

one  vote  ;  and  when  such  agreement  of  the  directors  has 
been  so  sanctioned  by  each  of  the  meetings  of  the  stock- 
holders separately,  after  being  submitted  to  such  meet- 
ing in  the  manner  above  mentioned,  then  such  agree- 
ment of  the  directors  shall  be  deemed  to  be  the  agree- 
ment of  the  said  two  or  more  corporations. 

SEC.  51.  Upon  making  the  agreement  mentioned  in  the        when 

i .  .  i  T    . ,  i  agreement  is 

preceding  section,  m  the  manner  required  therein,  and  completed, 
filing  a  duplicate  or  counterpart  thereof  in  the  office  of  the  two  COT- 

,  .  .          porations  to 

the  secretary  of  state,  the  said  two  or  more  corporations  be  merged  in 
mentioned  or  referred  to  in  the  said  section,  shall  be 
merged  in  the  new  corporation  provided  for  in  such  agree- 
ment, to  be  known  by  the  corporate  name  therein  men- 
tioned, and  the  details  of  such  agreement  shall  be  carried 
into  effect  as  provided  therein. 

SEC.  52.  Upon  the  election  of  the  first  board  of  directors   Eights  and 
of  the  corporation  created  by  said  agreement,  all  and  s«ch     new 
singular  the  rights  and  franchises  of  each  and  all  of  said 
two  or  more  corporations,  parties  to  such  agreement,  all 
and  singular  their  rights  and  interests  in  and  to  every 
species  of  property  and  things  in  action,  shall  be  deemed 
to  be  transferred  to  and  vested  in  such  new  corporation, 
without  any  other  deed  or  transfer ;  and  such  new  corpo- 
ration shall  hold  and  enjoy  the  same,  together  with  all 
the  right  of  way  and  all  other  rights  of  property,  in  the 
same  manner  and  to  the  same  intent  as  if  the  said  two  or 
more  corporations,  parties  to  such  agreement,  should  have 
continued  to  retain  the  title  and  transact  the  business  of 
such  corporations ;  and  the  titles  and  the  real  estate  ac- 
quired by  either  of  said  two  or  more  corporations  shall 
not  be  deemed  to  revert  or  be  impaired  by  means  of  any- 
thing in  this  act  contained  :  Provided,  That  all  rights  of     nights  of 
creditors,  and  all  liens  upon  the  property  of  either  of  said cr( 
corporations,  parties  to  said  agreement,  shall  be,  and 
hereby  are  preserved  unimpaired,  and   the  respective 
corporations  shall  continue  to  exist,  so  far  as  may  be 
necessary  to  enforce  the  same  :  And  provided,  further,    Debts,  iia- 
That  all  the  debts,  liabilities  and  duties  of  either  company 


172 

shall  thenceforth  attach  to  such  new  corporation,  and  be 
enforced  against  the  same,  to  the  same  extent  and  in  the 
same  manner  as  if  such  debts,  liabilities  and  duties  had 
been  originally  incurred  bj  it. 
companies     SEC.  53.  "Whenever  two  rail-road  companies  shall,  for  a 

may     agree  „     .      .  ,  , 

on  construe- portion  ot  their  respective  lines,  embrace  the  same  loca- 
tion of  road    ./,,.,  ,  .  ,       /.         -, 

on  line  com-  tion  of  line,  they  may,  by  agreement,  provide  lor  the 

mon  to  both  .  J  ii,.-,-,.  . 

companies,  construction  of  so  much  of  said  line  as  is  common  to  both 
of  them,  by  one  of  the  companies,  and  for  the  manner 
and  terms  upon  which  the  business  thereon  shall  be  per- 
formed. Upon  the  making  of  such  agreement,  the  com- 
pany that  is  not  to  construct  the  part  of  the  line  which  is 
common  to  both,  may  alter  and  amend  its  articles  of 
association  so  as  to  terminate  at  the  point  of  intersection, 
and  may  reduce  its  capital  to  a  sum  not  less  than  ten 
thousand  dollars  for  each  mile  of  the  road  proposed  to  be 
constructed  in  such  amended  articles  of  association. 
Not  to  re- Nothing  in  this  act  shall  be  construed  to  release  any 

lease     char-    ,  °  ,  -i.-i-i.  i.  «  -i       i  •    i 

tered    com-  chartered  company  from  building  any  line  of  road  which 

panv  &c. 

by  its  charter  it  is  obligated  to  build,  or  to  transfer  to 
any  other  company,  by  virtue  of  this  section,  or  any 
agreement  made  in  pursuance  thereof,  such  obligation, 
when     SEC.  54.   Whenever  the  death  of  a  person  shall  be 

by  neglect  of  caused  by  wrongful  act,  neglect  or  default  of  any  rail- 
company,  to         -  .  ,  ,  , 
be  liable  for  road  company  or  its  agents,  and  the  act,  neglect  or  de- 
fault is  such  as  would  (if  death  had  not  ensued)  entitle 
the  party  injured   to  maintain  an  action  and  recover 
damages  in  respect  thereof,  then,  and  in  every  such  case, 
the  rail-road  corporation  which  would  have  been  liable 
if  death  had  not  ensued,  shall  be  liable  to  an  action  for 
damages,  notwithstanding  the  death  of  the  person  injured, 
and  although  the  death  shall  have  been  caused  under 
such  circumstances  as  amount  in  law  to  felony. 
Action  to     SEC.  55.  Every  such  action  shall  be  brought  by  and  in 
in  name"ot  the  names  of  the  personal  representatives  of  such  deceased 

personal  rep-  -       .  ..  , 

resentative.  person ;  and  the  amount  recovered  in  any  such,  action 
shall  be  for  the  exclusive  benefit  of  the  widow  and  next 
of  kin  of  such  deceased  person,  and  shall  be  distributed 


173 

to  such  widow  and  next  of  kin  in  the  proportion  provided 
by  law  in  relation  to  the  distribution  of  personal  property 
left  by  persons  dying  intestate ;  and  in  any  such  action 
the  jury  may  give  such  amount  of  damages  as  they  shall 
deem  a  fair  and  just  compensation,  not  exceeding  five 
thousand  dollars,  with  reference  to  the  pecuniary  injuries 
resulting  from  such  death  to  the  wife  and  next  of  kin  of 
such  deceased  person :  Provided,  That  any  such  action  Limitation 
shall  be  commenced  within  two  years  of  the  death  of° 
such  person ;  but  nothing  herein  contained  shall  affect 
any  suit  or  proceedings  heretofore  commenced  and.  now 
pending  in  any  of  the  courts  of  this  state. 

SEC.  56.  If  any  president,  secretary  or  other  officer  of      Punish- 
any  rail-road  corporation  within  this  state,  shall  wilfully,  wing  °raud~- 
and  with  intent  to  defraud  said  corporation  or  any  other  &£n 
person,  make,  sign,  issue,  sell  or  offer  to  sell  any  false  or 
fraudulent  stock,  or  other  evidence  of  debt  of  said  corpo- 
ration, he  shall  be  deemed  guilty  of  felony,  and  shall  be 
punished  by  imprisonment  in  the  state  prison,  at  hard 
labor,  not  less  than  three  years. 

SEC.  57.   Any  conductor,  engineer,  servant  or  other       Punish- 
employee  of  any  rail-road  corporation,  who  shall  wilfully  Joyces   for 
violate  any  of  the  written  or  printed  rules  thereof,  in  rela-mies.'"8 
tion  to  the  running  of  cars  or  train  for  the  transportation 
of  persons  or  property,  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars, 
or  to  imprisonment  in  the  county  jail  not  more  than  six 
months. 

SEC.  58.  If  any  person  shall,  by  the  placing  of  any  im-       pum*h- 
pediment  upon  the  track  of  any  rail-road,  or  by  any  other  ^nsobstrac- 
means  whatsoever,  throw  from  said  track  any  engine  or&Jf 
care  used  thereon,  or  attempt  so  to  do,  whether  such  en- 
gine or  cars  be  thrown  from  said  track  or  not,  or  shall  by 
any  other  means  whatsoever,  wilfully  endanger  or  at- 
tempt to  endanger  the  lives  of  persons  engaged  in  the 
work  of  said  road,  or  persons  travelling  on  the  engine  or 
cars  of  said  road,  he  shall  be  subject  to  imprisonment  in 


the  state  prison  during  his  natural  life,  or  any  number  of 
years,  at  the  discretion  of  the  court. 

check  to     SEC.  59.  A  check  shall  be  fixed  to  every  parcel  of  bag- 

baggTg«ed  l°  gage,  when  taken  for  transportation,  by  the  agent  or  servant 

of  such  corporation,  if  there  is  a  handle,  loop  or  fixture 

so  that  the  same  can  be  attached  upon  the  parcel  of  bag- 

Dupiicate  gage  so  offered  for  transportation,  and  a  duplicate  thereof 

to   be  given     .  ;  ,    ,.         .  . 

to  person  given  to  the  passenger  or  person  delivering  the  same  on 
gage.  his  behalf;  and  if  such  check  be  refused  on  demand,  the 
corporation  shall  pay  to  such  passenger  the  sum  of  ten 
dollars,  to  be  recovered  in  a  civil  action ;  and  further,  no 
fare  or  toll  shall  be  collected  or  received  from  such  pas- 
senger ;  and  if  such  passenger  shall  have  paid  his  fare, 
the  same  shall  be  refunded  by  the  conductor  in  charge 
of  the  train  ;  and  on  producing  said  check,  if  his  baggage 
shall  not  be  delivered  to  him,  he  may  himself  be  a  wit- 
ness in  any  suit  brought  by  him  to  prove  the  contents 
and  value  of  such  baggage. 

unclaimed     SEC.  60.   Every  rail-road  company  which  shall  have 
g*^'  b&i~,  had  unclaimed  freight  not  perishable,  or  unclaimed  bag- 
ed  of.  dlspos~  gage  in  its  possession  for  a  period  of  one  year  at  least, 
may  proceed  to  sell  the  same  at  public  auction,  and  out 
of  the  proceeds  may  retain  the  charges  of  transportation 
and  storage  of  such  freight,  and  the  expense  of  adver- 
tising and  sale  thereof;  but  no  such  sale  shall  be  made 
until  the  expiration  of  six  weeks  from  the  first  publica- 
tion of  notice  of  such  sale  in  at  least  one  newspaper  pub- 
lished in  the  city  of  Detroit,  and  also  in  one  newspaper 
published  at  or  nearest  the  place  where  such  freight  or 
baggage  was  directed  to  be  left,  and  also  at  the  place 
Notice  to  where  such  sale  is  to  take  place  ;  and  said  notice  shall 
*"  contain  a  description  of  such  freight  or  baggage ;   the 
place  at  which,  and  the  time  when,  the  same  was  left,  as 
near  as  may  be ;  together  with  the  name  of  the  owner  or 
person  to  whom  consigned,  if  known  ;  and  the  expenses 
incurred  for  advertising  shall  be  a  lien  upon  such  freight, 
in  a  ratable  proportion,  according  to  the  value  of  each 
article,  package  or  parcel,  if  more  than  one.     In  case 


175     • 

such  unclaimed  freight  shall  be  in  its  nature  perishable, 
then  the  same  may  be  sold  as  soon  as  may  be,  on  giving 
the  notice  required  in  this  section,  after  its  receipt  at  the 
place  where  it  was  directed  to  be  left.  Such  rail-road  TO  make 

-1  an   entry   of 

company  shall  make  an  entry  of  the  balance  of  the  pro-  jhj^ fiance ^ 
ceeds  of  the  sale,  if  any,  of  each  parcel  of  freight  owned  of- 
by  or  consigned  to  the  same  person,  as  near  as  can  be 
ascertained ;  and  at  any  time  within  five  years  thereafter, 
shall  refund  any  surplus  so  retained,  to  the  owner  of  such 
freight  or  baggage,  his  or  her  heirs  or  assigns,  on  satis- 
factory proof  of  such  ownership. 

SEC.  61.  Every  passenger,   freight  or  other  train  of   /mi  stop 

*     »  before  cross- 

cars  running  upon  any  rail-road  shall  come  to  a  full  |"g  roa°lsher 
stop  before  crossing  any  other  rail-road  built  or  con- 
structed upon  the  same  grade  ;  and  every  engineer,  con- 
ductor or  other  person  having  charge  or  control  of  such 
train  of  cars,  who  shall  ofi'end  against  the  provisions  of 
this  section,  shall  forfeit  for  each  offence  the  sum  of  one 
hundred  dollars,  to  be  recovered  by  action  of  debt;  and 
any  rail-road  company  who  shall,  by  their  rules  and 
regulations  for  running  trains  of  cars  upon  such  rail-road, 
require  any  passenger,  freight  or  other  train  to  cross  any 
other  rail-road  built  or  constructed  upon  the  same  grade, 
without  coming  to  a  full  stop  before  such  crossing,  shall 
forfeit  a  like  sum  for  every  day  such  rule  or  regulation 
shall  continue  in  force,  to  be  recovered  as  aforesaid. 

SEC.  62.  In  forming  a  passenger  train  upon  any  rail-  prohibition 
road  organized  under  the  provisions  of  this  act,  baggage,  pUaenger  8 
freight,  merchandise  or  lumber  cars  shall  not  be  placed  ™ 
in   rear  of  the  passenger  cars ;  and  if  they,  or  any  of 
them,  shall  be  so  placed,  the  officer  or  agent  who  so  di- 
rected or  knowingly  suffered  such  arrangement,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  be  punished  ac- 
cordingly. 

SEC.  63.  All  acts  the  subjects  of  which  are  herein  re-      Acts  re- 

,  .  ,  .          .  .  T    i    Pealed- 

enacted,  or  winch  contravene  Or  are  inconsistent  with  the 

terms  and  intention  of  this  act,  are  hereby  repealed. 
SEC.  64-.  This  act  shall  take  effect  immediately. 
Approved  February  12,  1855. 


176 


AN  ACT 

TO  AUTHORIZE  THE  MICHIGAN  SOUTHERN  KAIL-ROAD  COM- 
PANY TO  CONSOLIDATE  WITH  THE  NORTHERN  INDIANA 
RAIL-ROAD  COMPANY. 

SEC.  1.  The  people  of  the  State  of  Michigan  enact, 
authorized!18  That  the  Michigan  Southern  Rail-Road  is  hereby  author- 
ized to  consolidate  with  the  Northern  Indiana  Rail- 
Road  Company,  of  Indiana,  by  a  vote  of  a  majority  in 
interest  of  the  stockholders  of  each  of  said  corporations, 
at  meetings  called  for  that  purpose,  or  by  the  written  as- 
sent of  such  majority,  to  be  filed  in  the  office  of  the  sec- 
retary of  state  ;  and  when  said  vote  shall  be  passed,  and 
such  assent  filed,  and  an  agreement  entered  into,  as  pro- 
vided in  section  2,  said  corporations  shall  thereby  be 
united  and  become  one  corporation,  to  be  called  the 
corporate  Michigan  Southern  and  Northern  Indiana  Rail-Road 


s  and  Company  :  and  all  the  franchises,  property,  powers  and 

liabilities.  .     .*       J  '  ,    ,         .        ..,;  \*      *        •  *'\ 

privileges  now  enjoyed  by  the  Michigan  Southern  Rail- 
Road  Company,  and  all  the  restrictions,  liabilities  and 
obligations  imposed  upon  said  two  corporations,  by  vir- 
tue of  their  respective  charters,  and  all  contracts  by  and 
with  either  or  both  of  said  corporations,  shall  appertain 
to  said  united  corporation,  in  the  same  manner  as  if  the 
same  had  been  contained  in  or  acquired  under  an  ori- 
ginal charter,  or  made  by  or  with  said  consolidated  cor- 
poration, and  in  the  same  manner  as  if  such  consolida- 
tion had  not  taken  place  ;  and  all  debts  and  demands 
against  said  Michigan  Southern  Rail-Road  Company 
shall  be  enforced  against  said  new  corporation  to  the 
same  extent  and  in  the  same  manner  as  if  such  debts 
or  demands  had  been  originally  incurred  by  it  ;  and  all 
obligations  of  said  Michigan  Southern  Rail-Road  Com- 


177 

pany,  under  the  act  entitled  "An  act  to  authorize  the  TO  be  sub- 
sale  of  the  Southern  Rail-Road,  and  to  incorporate  the  iigations  of 
Michigan  Southern  Rail-Road  Company,"  and  of  the  di-  Michigan 

Southern 

rectors  thereof,  shall  be  transferred  to  said  new  corpora-  Baii-Eoad 

,     ,          ,.  •,  „  i        .  ,  Company. 

tion,  and  the  directors  thereof,  and  said  new   company 

shall  cause  its  books  to  be  opened  for  the  purpose  of  re-      TO  open. 

•*•  A  *•  DOOlJS,  oSC. 

ceiving  subscriptions  to  its  capital  stock  for  the  purpose 
of  extending  said  road,  in  the  same  manner  and  upon 
the  same  terms  as  the  Southern  Michigan  Rail-Road  Com- 
pany would  have  been  required  to  do,  if  such  consolida- 
tion had  not  been  made ;  and  any  person  or  persons  may 
subscribe  stock  for  the  extension  of  either  of  the  roads 
named  in  said  section,  in  the  same  manner  and  upon  the 
same  terms  as  if  no  consolidation  had  taken  place ;  and  construc- 
the  directors  of  said  new  company  shall  cause  the  said&°cno 
road  to  be  constructed  in  the  same  manner  and  upon  the 
same  conditions  as  said  Michigan  Southern  Rail-Road 
Company  would  have  been  compelled  to  do,  were  it  not 
for  such  consolidation ;  and  the  shares  on  the  road  so 
extended  shall  be  entitled  to  a  dividend  of  the  net  profits 
of  said  road,  in  proportion  to  the  amount  of  instalments 
paid  in  011  the  respective  shares  of  said  company  ;  and  Eights  of 
the  persons  so  subscribing  and  paying,  shall  be  stock- &c?h 
holders  in  said  new  company,  and  entitled  to  all  rights 
and  privileges  of  the  original  stockholders  of  said  new 
company,  in  the  same  manner  and  to  the  same  extent  as 
is  contemplated  by  the  original  charter  of  the  said  Michi- 
gan Southern  Rail-Road  Company. 

SEC.  2.  The  directors  of  said  corporations  may  enter  Agreement 
into  an  agreement,  under  their  respective  corporate  seals,  dation^eon- 
for  the  consolidation  of  said  corporations,  prescribing  the 
terms  and  conditions  thereof;  the  mode  of  carrying  the 
same  into  effect ;  the  number  of  directors  thereof,  which 
shall  not  be  less  than  seven  nor  more  than  thirteen ;  the 
names  of  the  first  directors  of  said  united  corporation ; 
the  time  and  place  of  holding  the  first  election  of  direct- 
ors ;  the  day  for  holding  the  annual  election  of  direct- 
ors ;  the  amount  of  capital  and  the  number  of  shares  of 

12 


178 

the  stock  of  the  new  corporation,  which  shall  not  be 
larger  in  amount  than  the  aggregate  amount  of  capital 
authorized  by  the  charters  of  the  respective  companies 
thus  consolidated ;  the  manner  of  converting  the  shares 
of  capital  stock  in  each  of  said  corporations  into  the 
shares  of  such  new  corporation,  with  such  other  details 
as  they  may  deem  necessary  to  embrace  in  such  agree- 
ment, not  inconsistent  with  the  provisions  of  their  re- 
spective charters. 

HOW  taxed,  SEC.  3.  The  said  corporation  so  to  be  organized,  by  vir- 
tue of  this  act,  shall  continue  subject  to  the  same  rate  of 
tax  as  though  such  consolidation  should  not  take  place ; 
and  the  amount  of  its  capital  and  loans  hereafter,  upon 
which  such  taxation  shall  be  paid,  shall  be  such  portion 
of  the  whole  of  its  capital  and  loans  as  is  actually  em- 
ployed in  the  state  of  Michigan,  to  be  ascertained  on  or 
before  the  first  day  of  January  in  each  year,  by  the  au- 
ditor-general of  this  state,  from  the  annual  report  of  said 
corporation,  or  from  such  other  reports  on  oath  as  he  may 
deem  necessary  for  such  purpose,  to  be  ordered  by  him 
from  the  office  of  such  corporation. 

TO  fence  SEC.  4.  The  said  new  company  shall  erect  and  maintain 
fences  on  the  sides  of  their  road,  of  the  height  and 
strength  of  a  division-fence  required  by  law,  with  suit- 
able openings  and  gates  thereon,  and  convenient  farm- 
crossings  of  the  road  for  the  use  of  proprietors  of  land 
adjoining  said  rail-road,  and  also  to  construct  and  main- 
tain cattle  guards  at  all  public  road-crossings,  except  in 
cities  and  villages,  suitable  and  sufficient  to  prevent  cat- 
tle and  animals  from  getting  on  to  the  rail-road  ;  until 
such  fences  and  cattle  guards  shall  be  duly  made,  such 
Liable  for  rail-road  company  and  its  agents  shall  be  liable  for  all 
tin  damages  which  shall  be  done  by  their  agents  or  engines 
c.*  en°~to  cattle,  horses  or  other  animals  thereon,  and  for  all 
other  damages  consequent  upon  their  refusal  or  neglect 
to  maintain  fences  as  aforesaid ;  and  after  such  fences 
and  guards  shall  be  duly  made  and  maintained,  said 
company  shall  not  be  liable  for  any  such  damages,  un- 


179 

less  negligently  or  wilfully  done ;  and  if  any  person  shall  ;e^ng,driv! 
ride,  lead  or  drive  any  horse  or  animal  on  such  road,  ^fjg^'jaul 
and  within  such  fences  or  guards,  other  than  road-cross- road> 
ings,  without  the  consent  of  such  company,  he  shall,  for 
every  such  offence,  forfeit  a  sum  not  exceeding  ten  dol- 
lars, and  shall  pay  all  damages  which  shall  be  sustained 
thereby,  to  the  party  aggrieved. 

SEC.  5.  The  said  new  corporation,  so  to  be  formed  by      Duty  m 

i  I*  i      •  in  11      •  /»     •    i  i  conveying 

such  consolidation,  shall  at  all  times  carry  freight  and  freight   and 

i  i  11         passengers, 

persons  to  and  from  all  its  depots,  way-stations  and  other  &c. 
places  where  it  is  accustomed  to  receive  or  deliver  such 
freight  or  persons,  with  all  practicable  dispatch,  without 
any  favoritism  or  partiality  whatsoever,  (and  as  near  as 
may  be)  shall  forward  from  each  of  such  depots,  way- 
stations  or  places,  in  the  order  it  is  received  thereat  re- 
spectively, when  desired  by  the  owner  thereof,  all  freight 
delivered  to  it  for  transportation ;  and  in  case  of  any 
neglect  in  either  of.  the  particulars  before  mentioned, 
said  company  shall  be  liable  for  all  damages  occasioned 
thereby  to  the  owner  of  the  property  so  delivered  for 
transportation,  in  any  form  of  action  such  owner  may 
select;  and  said  company  shall  in  no  case  give  any  pre-  Liable  for 

,,  ,  ,  ~J    *          damages   in 

cedence  or  preference  whatsoever  in  the  time  of  trans-  certain  cases 
portation  to  through  freight  over  way  freight ;  and  in 
case  any  such  preference  or  precedence  is  given,  said 
company  shall  be  liable  to  a  like  action  and  damages 
therefor  ;  and  it  shall  also  be  liable  to  a  like  action  and 
damages  for  all  delays  in  the  transportation  of  property, 
unless  such  delay  shall  be  caused  without  any  default, 
neglect  or  wrongful  act  whatsoever,  on  the  part  of  such 
corporation  or  its  agents  or  employees ;  and  when  an 
action  for  damages  is  given  in  this  section,  the  party  in- 
jured may  sue  for,  and  said  company  shall  be  liable  for 
a  penalty  of  one  hundred  dollars,  instead  of  such  action, 
at  the  election  of  the  party  owning  any  such  property. 

SEC.  6.  This  act  shall  take  effect  whenever  the  said  wu«n<his 
companies  shall  accept  the  same  ;  and  their  acceptance  in  efle<J°.' tak& 
writing,  signed  by  the  president  and  secretary  of  said 


180 

companies,  under  their  corporate  seals,  shall  be  filed  in 
the  office  of  the  secretary  of  state. 
Approved  February  13,  1855. 


AN  ACT 

TO   PROVIDE     FOR   A   GENERAL     SYSTEM   OF   RAIL-ROAD   INCOR- 
PORATIONS,   IN  FORCE   NOVEMBER,    1849. 

corporation,  SEC.  1.  Be  it  enacted  ~by  the  people  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  any  num- 
ber of  persons,  not  less  than  twenty-five,  being  subscribers 
to  the  stock  of  any  contemplated  rail-road,  may  be  formed 
into  a  corporation  for  the  purpose  of  constructing,  own- 
ing and  maintaining  such  rail-road,  by  complying  with 
the  following  requirements :  When  stock  to  the  amount 
of  at  least  one  thousand  dollars  for  every  mile  of  said 
road,  so  intended  to  be  built,  shall  be  in  good  faith  sub- 
scribed, and  ten  per  cent,  paid  thereon  as  herein  required, 
Directors,  then  the  said  subscribers  may  elect  directors  for  the  said 
Articles  of  company :  thereupon  they  shall  severally  subscribe  arti- 

Association.      ,,.  ...  ,.,        TUT  /.-IT 

cles  of  association,  in  which  shall  be  set  forth  the  name 
of  the  corporation  ;  the  number  of  years  the  same  is  to 
continue,  which  shall  not  exceed  fifty  years ;  the  amount 
of  the  capital  stock  of  the  company,  which  shall  be  the 
actual  cost  of  constructing  the  road,  together  with 
the  cost  for  the  right  of  way,  motive  power,  and  every 
other  appurtenance  for  the  completion  and  running 
of  said  road,  as  nearly  as  can  be  estimated  by  competent 
engineers ;  the  number  of  shares  of  which  said  stock  shall 
consist ;  the  number  of  directors,  and  their  names,  to 
manage  the  concerns  of  the  company,  who  shall  not  be 
one-half  in  the  number  of  the  stockholders,  and  shall 
hold  their  offices  until  others  are  elected;  the  place  from 
and  to  which  the  proposed  road  is  to  be  constructed,  and 
each  county  into  or  through  which  it  is  intended  to  pass, 


181 

and  its  length,  as  near  as  may  be,  and  the  names  of  five 
commissioners  to  open  books  of  subscription  to  the  stock. 
Each  subscriber  to  such  articles  of  association  shall  sub- 
scribe thereto  his  name  place  of  residence,  and  the  num- 
ber of  shares  of  stock  taken  by  him  in  such  company. 
The  said  articles  of  association  may,  on  complying  with 
the  next  section,  be  filed  in  the  office  of  secretary  of 
state,  and  thereupon  the  persons  who  have  subscribed, 
and  all  persons  who  shall  from  time  to  time  become  stock- 
holders in  such  company,  shall  be  a  body  corporate,  by 
the  name  specified  in  such  articles. 
SEC.  2.  Such  articles  of  association  shall  not  be  filed  Articles  to 

be  filed. 

in  the  office  of  the  secretary  of  state  until  ten  per  cent, 
on  the  amount  of  the  stock  subscribed  thereto  shall  have 
been  actually  and  in  good  faith  paid,  in  cash,  to  the  di- 
rectors named  in  such  articles,  nor  until  there  is  endorsed 
thereon,  or  annexed  thereto,  an  affidavit  made  by  at 
least  three  of  the  directors  named  in  such  articles,  that 
the  amount  of  stock  required  by  the  first  section  has  been 
subscribed,  and  that  ten  per  cent,  on  the  amount  has  ac- 
tually been  paid  in. 

SEC.  3.  A  copy  of  any  articles  of  association  filed  in  Articles  to 
pursuance  of  this  act,  with  a  copy  of  the  affidavit  afore- 
said endorsed  thereon,  or  annexed  thereto,  and  certified 
to  be  a  copy  by  the  secretary  of  this  state,  or  his  deputy, 
shall,  in  all  courts  and  places,  be  presumptive  evidence 
of  the  incorporation  of  such  company,  and  of  the  facts 
therein  stated. 

SEC.  4.  When  the  certificate  shall  have  been  filed  as  certificate, 
aforesaid,  the  persons  who  shall  have  signed  and  acknow- 
ledged the  same,  and  their  successors,  shall  be  a  body 
politic  and  corporate,  by  the  name  stated  in  such  certifi- 
cate, and  shall  be  capable  of  suing  and  being  sued,  and 
may  have  a  common  seal,  and  may  make  and  alter  the 
same  at  pleasure,  and  be  capable  in  law  of  purchasing,  hold- 
ing and  conveying  any  real  estate  and  personal  property 
whatever,  necessary  for  the  construction  of  such  road 


182 

and  for  the  erection  of  all  necessary  buildings,  yards 
and  appurtenances  for  the  use  of  the  same. 
Books  to  SEC.  5.  The  commissioners  for  opening  books  of  sub- 
scription, named  in  the  act  of  incorporation,  shall  from 
time  to  time,  after  the  company  shall  be  incorporated, 
open  books  of  subscription  to  the  capital  stock  of  the 
company,  in  such  places,  and  after  giving  such  notice  as 
a  majority  of  them  shall  direct;  which  books  of  subscrip- 
tion shall  be  kept  open  until  all  the  capital  stock  shall 
be  subscribed,  if  the  corporation  shall  so  long  exist ;  and  in 
case  a  greater  amount  of  stock  shall  be  subscribed  than 
the  whole  capital  of  said  company,  the  commissioners 
shall  distribute  such  capital  stock  as  equally  as  possible 
among  the  subscribers ;  but  no  share  thereof  shall  be 
divided  in  making  such  distribution,  nor  shall  a  greater 
number  of  shares  be  allotted  to  any  subscriber  than  such 
subscriber  shall  have  subscribed  for. 

Directors  to  SEC.  6.  As  soon  as  practicable  after  such  capital  stock 
5en'  shall  have  been  subscribed  and  distributed  as  aforesaid, 
the  commissioners  to  receive  subscriptions  thereto  shall 
appoint  a  time  and  place  for  the  meeting  of  the  stock- 
holders to  choose  directors ;  such  meeting  to  be  held  in 
one  of  the  counties  in  or  through  which  such  rail-road  is 
proposed  to  be  constructed,  and  notice  thereof  shall  be 
given  by  said  commissioners,  by  public  notice,  to  be  pub- 
lished not  less  than  twenty  days  previous  thereto,  in  the 
state  paper,  and  a  newspaper  published  in  each  county 
through  which  the  said  road  shall  be  intended  to  run,  in 
which  a  newspaper  shall  be  published. 

Qualification  Thirteen  directors  shall  be  chosen  at  such  meeting,  by 
ballot,  and  by  a  majority  of  the  votes  of  the  stockholders 
being  present  in  person  or  by  proxy,  and  every  such 
stockholder  being  so  present  at  such  election,  or  at  any 
subsequent  election  of  directors,  shall  be  entitled  to  give 
one  vote  for  every  share  of  stock  which  he  shall  have 
owned  for  thirty  days  next  preceding  such  election ;  but 
no  stockholder  shall  vote  at  any  such  election  upon  any 
stock,  except  such  as  he  shall  have  owned  for  such  thirty 


183 

days.  No  person  shall  be  a  director  unless  he  shall  be  a 
stockholder,  owning  stock  absolutely  and  in  his  own  right, 
and  qualified  to  vote  for  directors  at  the  election  at  which 
he  shall  be  chosen ;  and  at  -least  seven  of  the  directors 
shall,  at  the  time  of  their  election,  be  residents  of  the 
counties  in  or  through  which  the  route  of  such  rail-road 
shall  run.  The  directors  shall  be  directors  for  one  year, 
or  until  others  are  elected  in  their  places. 
SEC.  7.  The  commissioners  named  in  the  last  preceding  Duty  of 

i«  1        •  «  •)•  commission- 

Section  shall  be  inspectors  of  the  first  election  of  directors,  ers. 

shall  openly  count  the  votes  and  declare  the  result,  and 
shall,  within  ten  days  thereafter,  file  a  certificate  thereof, 
subscribed  by  them,  or  a  majority  of  them,  in  the  office 
of  the  secretary  of  state,  and  in  the  office  of  the  clerk  of 
each  county,  or  with  the  clerk  of  the  county  commission- 
ers' court  (as  the  case  may  be)  of  each  county  in  or 
through  which  such  rail-road  shall  be  proposed  to  be 
constructed,  and  shall  also  deliver  to  the  treasurer  of 
such  company  all  moneys  [received]  by  such  commission- 
ers on  subscriptions  to  such  capital  stock,  and  all  books 
and  papers  in  their  possession  relative  to  such  subscrip- 
tions. All  subsequent  elections  shall  be  held  at  such 
time  and  place  in  one  of  these  counties  through  which 
such  rail-road  shall  pass,  as  shall  be  directed  by  the  by- 
laws of  the  company. 

SEC.  8.  A  general  meeting  of  the  stockholders  of  any  Meetings  of 
corporation  formed  under  this  act  shall  be  holden  an- 
nually, at  the  time  and  place  appointed  for  the  election 
of  directors,  and  a  meeting  may  be  called  at  any  time 
during  the  interval  between  such  annual  meetings,  by 
the  directors,  or  by  the  stockholders  owning  not  less  than 
one-fourth  of  the  stock,  by  giving  thirty  days'  public 
notice  of  the  time  and  place  of  the  meeting,  in  the  state  Notice. 
paper,  and  a  newspaper  published  in  each  county  through 
which  the  said  road  shall  be  run,  or  be  intended  to  be 
run,  in  which  a  newspaper  shall  be  published ;  and  when 
any  such  meeting  is  called  by  the  stockholders,  the  par- 
ticular object  of  such  shall  be  stated ;  and  if  at  any  such 


184: 

meeting  thus  called,  a  majority  in  value  of  the  stock- 
holders are  not  represented  in  person  or  by  proxy,  such 
meeting  shall  be  adjourned  from  day  to  day,  not  exceed- 
ing three  days,  without  transacting  any  business,  and  if 
within  said  three  days  stockholders  having  a  majority 
of  the  stock  do  not  attend  such  meeting,  then  the  said 
meeting  shall  be  dissolved. 
Duty  of  SEC.  9.  At  the  regular  annual  meeting  of  the  stock- 

"president 

and  direct-  holders  of  any  corporation,  it  shall  be  the  duty  of  the 
president  and  directors  in  office  for  the  preceding  year 

statement,  to  exhibit  a  clear  and  distinct  statement  of  the  affairs  of 
the  said  company  ;  and  at  any  meeting  of  the  stockhold- 
ers, a  majority  of  those  present,  in  person  or  by  proxy, 
may  require  similar  statements  from  the  directors,  whose 
duty  it  shall  be  to  furnish  them  when  thus  required  ;  and 
at  all  general  meetings  of  the  stockholders,  a  majority 
in  value  of  the  stockholders  in  said  company  may  fix  the 

^  Bate  of  in- rate  of  interest  which  shall  be  paid  by  the  company  for 
loans  for  the  construction  of  said  road  and  its  appendages, 
may  remove  any  president  or  any  directors  of  said  coin- 
Proviso,  pany,  and  elect  others  in  their  stead :  Provided,  Notice 
of  such  intended  removal  has  been  given,  as  required  by 
the  last  preceding  section. 

Failure  of  SEC.  10.  In  case  it  shall  happen  at  any  time  that  an 
election  of  directors  shall  not  be  made  on  the  day  desig- 
nated by  the  by-laws  of  the  company,  when  it  ought  to 
have  been  made,  the  company,  for  that  reason,  shall  not 
be  dissolved,  if  within  ninety  days  thereafter  they  shall 
hold  an  election  for  directors,  in  such  manner  as  shall  be 
provided  by  the  by-laws  of  the  company.  There  shall 
President,  be  a  president  of  the  company,  who  shall  be  chosen  by 
and  from  the  directors,  and  also  such  subordinate  officers 
as  the  company,  by  its  by-laws,  may  designate,  who 
may  be  elected  or  appointed,  and  required  to  give  such 
security  for  the  faithful  performance  of  the  duties  of  their 
office,  as  the  company,  by  its  by-laws,  may  require. 

SEC.  11.  It  shall  be  lawful  for  the  directors,  to  call  in 
and  demand  from  the  stockholders  respectively  all  sums 


185 
of  money  by  them  subscribed,  at  such  time  and  in  such    Payments 

J       J    ,  of   subscrip- 

payments  or  instalments  as  the  directors  shall  deem  pro-«ons. 
per,  under  the  penalty  of  forfeiting  the  shares  of  stock    Forfeiture, 
subscribed  for,  and  all  previous  payments  made  thereon, 
if  payments  shall  not  be  made  by  the  stockholders  within 
sixty  days  after  personal  demand,  or  notice  requiring 
such  payment  shall  have  been  made  in  each   county 
through  which  said  road  shall  be  laid  out,  in  which  a 
newspaper  shall  be  published. 

SEC.  12.  The  directors  of  such  company  shall  have  By-iaws. 
power  to  make  by-laws  for  the  management  and  dispo- 
sition of  stock,  property  and  business  aifairs  of  such  com- 
pany, not  inconsistent  with  the  laws  of  this  state,  and 
prescribing  the  duties  of  officers,  artificers  and  servants 
that  may  be  employed,  for  the  appointment  of  all  officers 
for  carrying  on  all  the  business  within  the  object  and 
purposes  of  such  company. 

SEC.  13.  The  stock  of  such  company  shall  be  deemed  stock 
personal  estate,  and  shall  be  transferable  in  the  manner 
prescribed  by  the  by-laws  of  the  company,  but  no  shares 
shall  be  transferable  till  all  previous  calls  thereon  shall 
have  been  fully  paid  in,  or  the  said  shares  shall  have 
been  forfeited  for  the  non-payment  of  calls  thereon  ;  and  it 
shall  not  be  lawful  for  such  company  to  use  any  of  their 
funds  in  the  purchase  of  any  stock  in  their  own  or  in  any 
other  corporation. 

SEC.  14.  All  the  stockholders  of  any  such  company 
that  shall  be  hereafter  incorporated  under  this  act  shall  we 
be  severally  individually  liable  to  the  creditors  of  such 
company,  to  an  amount  equal  to  the  amount  of  stock  held 
by  them  respectively,  for  all  debts  and  contracts  made 
by  such  company,  until  the  whole  amount  of  capital 
stock  fixed  and  limited  by  the  company  in  the  manner 
aforesaid  shall  have  been  paid  in,  and  a  certificate  there- 
of shall  have  been  made  and  recorded,  as  prescribed  in 
the  following  section;  and  shall  be  jointly  and  severally 
liable  for  all  debts  that  may  be  due  and  owing  to  all 


186 

their  laborers,  servants  and  apprentices,  for  services  per- 
formed for  such  corporation,  but  not  to  be  liable  to  an 
action  therefor  before  an  execution  shall  be  returned  un- 
satisfied, in  whole  or  in  part,  against  the  corporation, 
and  then  the  amount  due  on  said  execution  shall  be  the 
amount  recoverable,  with  costs  against  said  stockholders, 
certificates  SEC.  15.  The  president  and  a  majority  of  the  directors, 

of  Davni6nts 

'within  thirty  days  after  the  payment  of  the  last  instal- 
ment of  the  capital  stock,  so  fixed  and  limited  by  the 
company,  shall  make  a  certificate,  stating  the  amount  of 
the  capital  stock  so  fixed  and  paid  in ;  which  certificate 
shall  be  signed  by  the  president  and  a  majority  of  the 
directors,  and  sworn  to  by  the  president  'and  secretary, 
and  they  shall,  within  the  said  thirty  days,  file  and  re- 
cord the  same  in  the  office  of  the  secretary  of  state. 
Liability  of  SEC.  16.  If  the  directors  of  any  such  company  shall 

CM&,  &c.  Q  declare  and  pay  any  dividend  when  the  company  is  in- 
solvent, or  any  dividend,  the  payment  of  which  would 
render  it  insolvent,  they  shall  be  jointly  and  severally 
liable  for  all  the  debts  of  the  company  then  existing,  and 
for  all  that  shall  thereafter  be  contracted,  so  long  as  they 
shall  respectively  remain  in  office:  Provided,  That  if 
any  of  the  directors  shall  be  absent  at  the  time  of  making 
the  dividend,  or  shall  object  thereto,  and  shall,  within 
thirty  days  thereafter,  or  after  their  return,  if  absent,  file 
a  certificate  of  their  absence  or  objection  with  the  clerk 
of  the  company,  and  with  the  clerk  of  the  county,  or  with 
the  clerk  of  the  county  commissioners'  court,  in  which 
the  principal  office  of  said  company  is  located,  they  shall 
be  exempt  from  the  said  liability, 
officers  SEC.  17.  If  any  certificate  or  report  made  or  public 

uabie  i  ""ijHrtiQQ  given  by  the  officers  of  any  such  company,  in  per- 
suance  to  the  provisions  of  this  act,  shall  be  false  in  any 
material  representation,  all  the  officers  who  shall  have- 
signed  the  same  shall  be  jointly  and  severally  liable  for 
all  the  debts  of  the  company  contracted  while  they  are 
stockholders  or  officers  thereof. 
Per«ons  SEC.  18.  N"o  person  holding  stock  in  any  such  company, 

exempt. 


187 

as  executor,  administrator,  guardian  or  trustee,  and  no 
person  holding  such  stock  as  collateral  security,  shall  be 
personally  subject  to  any  liability  as  stockholders  of  such 
company ;  but  the  person  pledging  the  stock  shall  be 
considered  as  holding  the  same,  and  shall  be  liable  as  a 
stockholder  accordingly,  and  the  estates  and  funds  in  the 
hands  of  such  executor,  administrator,  guardian  or  trus- 
tee shall  be  liable  in  like  manner,  and  to  the  same  extent 
as  the  testator  or  intestate,  or  the  ward  or  persons  inter- 
ested in  such  trust  fund  would  have  been  if  he  had  been 
living  and  competent  to  act,  and  held  the  same  stock  in 
his  own  name. 

SEC.  19.  Every  such  administrator,  executor,  guardian    stock  rep- 
or  trustee,  shall  represent  the  shares  of  stock  in  his  hands ret 
at  all  meetings  of  the  company,  and  may  vote  accord- 
ingly as  a  stockholder. 

SEC.  20.    Every  such  company,  before  proceeding  to     Map  and 

J.  -,    .  profile  made. 

construct  a  part  of  their  road  into  or  through  any  county 
named  in  their  certificate  of  association,  shall  make  a 
map  and  profile  of  the  route  intended  to  be  adopted  by 
such  company ;  which  shall  be  certified  by  a  majority  of 
the  directors  and  filed  in  the  office  of  the  county  clerk  of  And  aied. 
such  county,  or  with  the  clerk  of  the  county  commission- 
ers' court  of  such  county,  for  the  inspection  and  examina- 
tion of  all  parties  interested  therein. 

SEC.  21.  Every  such  corporation  shall  possess  the  gene-      General 

,  .  ,,.,.,..    C  and    special 

ral  powers,  and  be  subject  to  the  general  liabilities  and  powers, 
restrictions  expressed  in  the  special  powers  following,  that 
is  to  say  : 

1.  To  cause  such  examination  and  surveys  for  the  pro-    surveys. 
posed  rail-road  to  be  made  as  may  be  necessary  to  the 
selection  of  the  most  advantageous  route  for  the  rail-road, 

and  for  such  purpose,  by  their  officers,  agents  and  ser- 
vants, to  enter  upon  lands  or  -waters  of  any.  person,  but 
subject  to  responsibility  for  all  damages  which  they  shall 
do  thereto. 

2.  To  receive,  hold  and  take  such  voluntary  grants  and          Take 
donations  of  real  estate  and  other  property  as  shall  be 


188 

made  to  it,  to  aid  in  the  construction,  maintenance  and 
accommodation  of  such  rail-road ;  but  the  real  estate  thus 
received  by  voluntary  grants  shall  be  held  and  used  for 
the  purposes  of  such  grants  only. 

Purchase  3.  To  purchase,  and  by  voluntary  grants  and  donations 
receive  and  take,  and  by  its  officers,  engineers  and  sur- 
veyors and  agents,  enter  upon  and  take  possession  of  and 
hold,  and  use  all  such  lands  and  real  estate  and  other 
property  as  may  be  necessary  for  the  construction  and 
maintenance  of  its  rail-road  and  stations,  depots  and  other 
accommodations  necessary  to  accomplish  the  object  for 
which  the  corporation  is  created :  but  not  until  the  com- 
pensation to  be  made  therefor  as  agreed  upon  by  the 
parties,  or  ascertained  as  hereinafter  prescribed,  be  paid 
to  the  owner  or  owners  thereof,  or  deposited  as  herein- 
after directed,  unless  the  consent  of  such  owner  be  given 
to  enter  into  possession. 

Lay  road     4.  To  lay  out  its  road,  not  exceeding  six  rods  wide,  and 

six  rodst  ,  .     ,,          .  „ 

to  construct  the  same,  and  for  the  purposes  ol  cuttings, 

embankments  and  procuring  stone  and  gravel,  may  take 

Additional  as  much  morejand  within  the  limits  of  its  charter,  in  the 

1ca"e.s'&e''m  manner  provided  hereinafter,  as  may  be  necessary  for 

the  proper  construction  and  security  of  the  road. 
water-     5.  To  construct  their  road  upon  or  across  any  stream 
roadlf&e.    of  water,  water-course,  road,  highway,  rail-road  or  canal, 
which  the  route  of  its  road  shall  intersect;  but  the  corpo- 
ration shall  restore  the  stream  or  water-course,  road  or 
highway  thus  intersected,  to  its  former  state,  or  in  a  suffi- 
cient manner  not  to  have  impaired  its  usefulness, 
intersect     6.  To  cross,  intersect,  join  and  unite  its  rail-road  with 
>ad'      any  other  rail-road  before  constructed,  at  any  point  on  its 
route,  and  upon  the  grounds  06  such  other  rail-road  com- 
rn-  pany,  with  the  necessary  turn-outs,  sidings,  and  switches, 
and  other  conveniences,  in  furtherance  of  the  object  of 
its  connections;  and  every  company  whose  rail-road  is 
or  shall  be  hereafter  intersected  by  any  new  rail-road, 
shall  unite  with  the  owners  of  such  new  rail-road  in  form- 
ing such  intersections  and   connections,  and  grant  the 


189 

facilities  aforesaid;  and  if  the  two  corporations  cannot   co 
agree  upon  the  amount  of  compensation  to  be  made  there- 
for, or  the  points  or  manner  of  such  crossings  and  connec- 
tions, the  same  shall  be  ascertained  and  determined  by      By  com- 

•i  .     .     -i    i         ,1  .  missioners. 

commissioners  to  be  appointed  by  the  court,  as  is  pro- 
vided hereinafter  in  respect  to  the  taking  of  lands. 

7.  To  purchase  lands  or  take  them,  may  change  the       change 
line  of  its  road  whenever  a  majority  of  the  directors  shall 

so  determine,  as  is  hereinafter  provided,  but  no  such 
change  shall  vary  the  original  route  of  such  road  to  ex- 
ceed one  mile  laterally. 

8.  To  take,  transport,  carry  and  convey  persons  and     Transport 
property  on  their  rail-road,  by  the  force  and  power  ofpe 
steam,  of  animals,  or  any  mechanical  powers,  or  by  any 
combinations  of  them,  and  receive  tolls  or  compensation 
therefor. 

9.  To  erect  and  maintain  all  necessary  and  convenient     Buildings 
buildings,  stations,  depots  and  fixtures  and  machinery, 

for  the  accommodation  and  use  of  their  passengers,  freight 
and  business,  and  obtain  and  hold  the  lands  necessary 
therefor. 

10.  To  regulate  the  time  and  manner  in  which  passen-       Time  of 
gers  and  property  shall  be  transported,  and  the  tolls  and 
compensation  to  be  paid  therefor  ;  but  such  compensation      Fares. 
for  any  passenger  and  his  ordinary  baggage  shall  not 


exceed  three  cents  a  mile,  unless  by  special  act  of  the  ceed    three 
legislature,  and  shall  be  subject  to  alteration  as  herein- 
after provided. 

11.  To  borrow  money,  to  be  applied  to  the  construction       Borrow 
of  their  rail-road  and  fixtures,  and  purchase  of  engines 
and  cars,  at  such  rates  of  interest  as  is  hereinafter  pro- 
vided. 

SEC.  22.  Any  number  of  persons,  not  less  than  thir-    TO  petition 

.  legislature. 

teen,  intending  to  organize  a  corporation  under  the  pro- 
visions of  this  act,  and  every  company  that  may  hereafter 
organize  under  this  act,  may  present  a  petition  to  the 
legislature,  stating  the  place  from   and  to  which  they  contents  of. 
propose  to  construct  their  road,  and  its  location  and  route, 


190 

•with  reasonable  certainty,  and  that  they  intend  to  run 
the  said  road  on  the  most  direct  and  eligible  route  be- 
tween the  points  of  terminus,  and  praying  the  legislature 
to  determine  whether  the  construction  of  the  said  pro- 
posed road  will  be  of  sufficient  public  use  to  justify  the 
taking  of  private  property  for  the  construction  of  the 
Legislature  same.  And  if  the  legislature  shall  determine  and  decide 

declare  utili- 
ty- by  law  that  such  proposed  road  will  be  of  sufficient  pub- 
lic utility  to  justify  the  taking  of  private  property  for 
constructing  and  maintaining  said  road,  under  the  pro- 
visions of  this  act,  then  such  company,  when  organized, 
Take  lands,  may  enter  upon,  take  possession  of  audnise  all  such  lands, 
real  estate,  as  may  be  required  for  the  construction  and 
maintenance  of  their  rail-road,  and  the  convenient  ac- 
commodations appertaining  to  the  same ;  making  com- 
compen- pensation  in  the  manner  hereinafter  provided,  for  all 
lands,  real  estate,  thus  taken  possession  of  and  used,  ex- 
cept such  as  may  be  voluntarily  given  to  or  purchased 
at  an  agreed  price  by  the  said  corporation.     "Whenever 
the  said  corporation  shall  not  have  acquired  by  gift  or 
purchase  any  land,  real  estate,  so  required  as  aforesaid, 
or  which  may  be  affected  by  any  operation  connected 
by  such  construction  and  maintenance,  the  said  corpora- 
tion may  present  to  the  circuit  court  of  the  district  where 
Petition  said  lands  or  real  estate  shall  lie,  a  petition  signed  by  its 

court.  ...  .   ,  . 

attorney  or  agent,  describing  with  convenient  accuracy 

and  certainty,  by  map  or  otherwise,  the  lands  or  real 

estate  so  required  to  be  taken  or  affected  as  aforesaid, 

Contents  of.  setting  forth  the  name  and  residence  of  each  owner  or 

other  person  so  interested  therein  as  owner,  lessee,  in- 

cumbrancer,  as  far  as  known  to  such  attorney  or  agent, 

'  or  appearing  of  record,  and  praying  the  appointment  of 

commissioners  to  ascertain  the  compensation  to  be  made 

to  such  owners  and  persons  interested,  for  the  taking  or 

injuriously  affecting  such  land  or  real  estate  aforesaid. 

Notice  of  The  court  shall  have  satisfactory  evidence  that  notice  of 

an  intended  application,  and  the  time  and  place  thereof, 

for  the  appointment  of  commissioners  of  appraisement 


191 

between  said  corporation  and  the  owners  and  persons  in- 

terested in  such  lands  and  real  estate,  had  been  given  at 

least  ten  days  previously,  to  such  owners,  personally,  or 

to  some  person,  of  suitable  age,  at  their  residence  or  on 

the  premises,  or  by  publication  thereof  in  a  newspaper 

printed  in  the  county  in  which  such  lands  or  real  estate 

may  lie.     Such  publication  to  be  allowed  only  in  respect 

to  owners  who  shall  appear  by  affidavit  to  have  no  resi- 

dence in  the  county  known  to  such  agent  or  attorney, 

whereat  such  notice   could  be   delivered  as  aforesaid. 

The  court  may  adjourn  the  proceedings  from  time  to      May  ad- 

time  ;  shall  direct  any  future  notice  thereof  to  be  given  ceedings. 

that  may  seem  proper  ;  shall  have  proofs  and  allegations     Proofs. 

of  all  parties  interested,  touching  the  regularity  of  the 

proceedings  ;  and  shall,  by  an  entry  in  its  minutes,  ap- 

point five  competent  and  disinterested  persons  commis-       Appoint 

1  L  •  <?  •  i     commission- 

sioners    to   ascertain    such   compensation  as   aforesaid,  era. 
specifying  in  such  entry  a  time  and  place  for  the  first 
meeting  of  such  commissioners.    The  said  commissioners, 
before  entering  upon  the  duties  of  their  office,  shall  take 
the  oath  required  by  the  laws  and  constitution  of  this    oath. 
state,  and  any  one  of  them  may  administer  oaths  to  wit- 
nesses  produced   before   them,   and  may  adjourn,  and 
may  hold  meetings  for  that  purpose.     Whenever  they 
shall  meet  to  hear  proofs  and  allegations,  unless  by  ap-  notice 
pointment  of  the  court,  or  pursuant  to  adjournment,  they 
shall  cause  reasonable  previous  notice  of  such  meetings 
to  be  given  to  the  said  owners  or  parties  interested,  or 
their  attorney  or  agent,  and  may  each  of  them  issue  sub-     summon 
pcenas  and  compel  witnesses  to  appear  and  testify;  theywl 
shall  hear  the  proofs  and  allegations  of  the  parties,  and   Hearing. 
any  three  or  more  of  them,  after  reviewing  the  premises,    view. 
without  fear  or  favor,  or  partiality,  ascertain  and  certify    certify  da- 

J'  J  mages. 

the  compensation  proper  to  be  made  to  the  said  owners 
and  parties  interested,  for  the  lands  or  real  estate  to  be 
taken,  as  well  as  all  damages  accruing  to  the  owner  of 
the  lands  and  real  estate  aforesaid,  taken  in  consequence 
of  the  condemnation  of  the  same,  or  injuriously  affected 


e 


192 

Deduct  as  aforesaid,  making  such  deduction  or  allowance  for  real 
benefit  or  advantages  which  such  owners  or  parties  in- 
terested may  derive  from  the  construction  of  said  road, 

May  as- and  may  in  their  discretion  assess  a  separate  reasonable 

sess  costs.  ,     *  ,  .        . 

sum  in  favor  of  such  owners  and  parties  interested,  or  of 
any  person  appointed  by  the  court  to  appear  as  attorney 
for  them,  for  costs,  expenses  and  reasonable  counsel  fees. 
They,  or  a  majority  of  them,  shall  make,  subscribe  and 
file  with  the  clerk  of  the  county,  or  with  the  clerk  of  the 
county  commissioners'  court,  in  which  such  lands  or  real 
Return cer- estate  shall  lie,  a  certificate  of  their  said  ascertainment 

rrafse^entT  and  assessment,  in  which  such  lands  or  real  estate  shall 
be  described  by  map  or  otherwise,  with  convenient  accu- 
racy and  certainty.  The  court,  upon  such  certificate,  and 
due  proof  that  such  compensation  and  separate  sums,  if 
any  be  certified,  have  been  paid  to  the  parties  entitled 
to  the  same,  or  have  been  deposited  to  the  credit  of  such 
parties  in  the  state  treasury,  or  other  place  for  that  pur- 
pose approved  by  the  court,  shall  make  and  cause  to  be 
Entry  in  entered  in  its  minutes  a  rule  describing  such  lands  or 
real  estate,  in  manner  aforesaid,  such  ascertainment  of 
compensation,  with  the  mode  of  making  it,  and  such  pay- 
ment or  deposit  of  the  same  compensation  as  aforesaid ; 
a  certificate  copy  of  which  rule  shall  be  recorded  and 
indexed  in  the  proper  recorder's  office,  in  like  manner 
and  in  like  effect  as  if  it  were  a  deed  of  conveyance  from 
the  said  owners  and  parties  interested  to  the  said  corpo- 
Corpora- ration.  Upon  the  entry  of  such  rule,  the  said  corpora- 

fwnse  mtjon  ghaii  become  seised  in  fee  of  all  the  lands  and  real 
estate  described  in  said  rule,  as  required  to  be  taken  as 
aforesaid  during  the  continuance  of  the  corporation,  by 
this  or  any  subsequent  act,  and  may  take  possession  of 
and  hold  and  use  the  same  for  the  purposes  of  said  road, 
and  shall  thereupon  be  discharged  from  all  claim  for  any 
damages  by  reason  of  any  matter  specified  in  said  peti- 
ir  title  tion,  certificate  or  rule  of  said  court.  If  at  any  time  after 

anVwToc  c  an  attempted  or  actual  ascertainment  of  compensation 
under  this  or  any  other  act,  or  any  purchase  by  or  dona- 


193 

tion  to,  said  corporation,  of  any  lands,  for  the  purposes 
aforesaid,  it  shall  appear  that  the  title  acquired  thereby 
to  all  or  any  part  of  such  lands,  for  the  use  of  said  road, 
or  if  said  corporation  shall  fail,  or  be  deemed  defective, 
the  said  corporation  may  proceed  anew  to  perfect  such 
title,  by  procuring  an  ascertainment  of  the  compensation 
proper  to  be  made  to  any  person  or  persons  whose  title, 
claim  or  interest  in  or  lien  upon  such  lands,  and  by  ma- 
king payment  thereof  in  the  manner  hereinafter  provided, 
as  near  as  may  be  ;  and  at  any  stage  of  such  new  pro- 
ceedings, or  of  any  proceedings  under  this  act,  the  court 
may,  by  a  rule  in  that  behalf  made,  authorize  the  said 
corporation,  if  already  in  possession,  and  if  not  in  posses-  May  take 

,    i  ,t          j  i  T  possession,  if 

sion,  to  take  possession  of  and  use  such  premises  during  give  security, 
the  pendency  and  until  the  final  conclusion  of  such  pro- 
ceedings,  and  may   stay  all  actions   and  proceedings 
against  such  corporation  on  account  thereof:  Provided,  OT  pay  into 
Such  corporation  shall  pay  a  sufficient  sum  into  court,  or60' 
give  approved  security  to  pay  the  compensation  in  that 
behalf,  when  ascertained ;  and  in  every  case  where  pos- 
session shall  be  so  authorized,  it  shall  be  lawful  for  the 
owners  to  conduct  the  proceedings  to  a  conclusion,  if  the 
same  shall  be  delayed  by  the  company.     The  said  com-       Fees  of 
missioners  shall  be  entitled  to  receive  from  said  corpora-  ™™mi 
tion  a  compensation  not  exceeding  two  dollars  for  each 
day  actually  employed  by  them  in  the  discharge  of  their 
duties — such  compensation  to  be  taxed  and  allowed  by 
the  court.     If  any  commissioner  so  appointed  shall  die,   rmvacan- 
be  unable  or  fail  to  serve,  the  court  may  appoint  another cie 
in  his  place,  on  reasonable  notice  of  the  application,  to  be 
approved  by  the  court.     The  proceedings  hereby  author-       County 
ized  may  be  had  in  the  circuit  court,  in  a  county  where  iie.ere 
the  lands  lie,  and  all  motions  to  the  circuit  court  shall  be 
made  at  a  general  or  special  term  thereof  in  said  county. 
The  said  commissioners  shall  file  the  said  certificate  in 
the  county  where  the  lands  to  be  affected  may  lie,  or  in 
any  adjacent  county ;  and  any  clerk  may  transfer  the 
same,  and  the  proceedings  connected  therewith,  to  the 

13 


clerk  of  the  county  in  which  the  lands  to  be  affected  may 

lie,  or  of  any  county  adjacent  thereto,  whenever  said 

commissioner  or  clerk  shall  be  so  required  by  said  cor- 

Legisia- poration,  its  agent  or  attorney.     And  the   legislature 

roLte'n  'Sid  hereby  reserves  [the  right]  to  itself  to  indicate  the  routes 

and  termini  of  said  roads,  and  the  same  shall  not  be  con- 

sanction  structed  or  commenced  without  the  express  sanction  of 

the  legislature   of  this  state,   by  a  law  to  be  passed 

hereafter. 

infants,     SEC.  23.  In  case  an  infant,  idiot  or  insane  person,  or 

idiots,  Ac.,  or 

unknown     any  unknown  owner  or  owners  not  personally  notified  to 

owner. 

appear,  and  who  shall  not  appear,  after  such  notice,  on 
the  appointment  of  commissioners,  shall  be  interested  in 
any  such  lands,  real  estate  and  property,  the  court  shall 
appoint  some  proper  person  to  appear  before,  the  said 
commissioners  and  act  as  attorney  for  and  in  behalf  of 
such  infant,  idiot,  insane  person,  unknown  owner  or  non- 
appearing  owner,  not  personally  served  with  notice. 
Line  may  SEC.  24.  If  at  any  time  after  the  location  of  the  track 
of  said  road,  in  whole  or  in  part,  and  the  filing  of  the 
map  thereof,  it  shall  appear  to  the  directors  of  said  com- 
pany that  the  line  in  some  parts  thereof  may  be  improv- 
Newmap  ed,-  it  shall  be  lawful  for  the  said  directors,  from  time  to 
time,  to  alter  the  line  and  cause  a  new  map  to  be  filed 
in  the  office,  where  the  map  showing  the  first  location  is 

Possession,  or  shall  be  filed,  and  may  thereupon  proceed  to  take  pos- 
session of  the  lands  embraced  in  such  new  location  that 
may  be  required  for  the  construction  and  maintenance  of 
said  road  on  such  new  line,  and  the  convenient  accom- 
modations appertaining  to  the  same,  either  by  agreement 
with  the  owner  or  owners,  or  by  such  proceedings,  as 
near  as  may  be,  as  are  authorized  under  the  preceding 
section  of  this  act,  and  use  the  same  in  place  of  the  line 

NO  location  for  which  the  new  is  substituted.    Nothing  in  this  act 
without  con- contained  shall  authorize  the  said  company  to  make  a 
location  of  their  track  within  any  city  without  the  con- 
sent of  the  common  council  of  said  city. 


195 

SEC.  25.  "Whenever   the  track  of  said  rail-road  shall   Highway!., 
cross  a  road  or  highway,  such  road  or  highway  may  be  under     or 
carried  under  or  over  the  track,  as  may  be  found  most 
expedient ;  and  in  cases  where  an  embankment  or  cutting       change 
shall  make  a  change  in  the  line  of  such  road  or  highway  hlgbway- 
desirable,  with  a  view  to  a  more  easy  ascent  or  descent, 
the  said  company  may  take  such  additional  lands  for  the 
construction  of  such  roads  or  highway,  or  such. new  line 
as  may  be  deemed  requisite  by  said  directors.     Unless     compen- 
the  lands  so  taken  shall  be  purchased  or  voluntarily  given83 
for  the  purposes  aforesaid,  compensation  therefor  shall  be 
ascertained  in  the  manner  in  this  act  provided,  as  nearly 
as  may  be,  and  duly  made  by  said  corporation  to  the 
owners  and  persons  interested  in  such  lands,  the  same 
when  so  taken  or  compensation  made  to  become  part  of 
such  intersecting  road  or  highway,  in  such  manner  and 
by  such  tenure  as  the  adjacent  parts  of  the  same  high- 
way may  be  held  for  highway  purposes. 

SEC.  26.  If  any  such  corporation  shall,  for  its  purpose  Lands  may 
aforesaid,  require  any  land  belonging  to  the  people  of  by   ^stou? 
this  state,  or  to  any  of  the  counties  or  towns,  the  general  town'/ 
assembly  of  the  state  and  the  county  and  town  officers 
respectively,  having  charge  of  said  lands,   may  grant 
such  lands  to  such  corporations  for  a  compensation,  which 
shall  be  agreed  upon  between  them ;  and  if  they  shall    Appraised, 
not   agree  upon    a  sale   and  price,  the  same    may  belfnotagree 
taken  by  the  corporation  as  is  before  provided  in  respect 
to  other  cases. 

SEC.  27.  Every  conductor,  baggage-master,  engineer,    officers  to 
brakeman  or  other  servant  of  any  such  rail-road  corpo-we 
ration  employed  in  a  passenger  train,  or  at  stations  for 
passengers,  shall  wear  upon  his  hat  or  cap  a  badge,  which 
shall  indicate  his  office,  and  the  initial  letters  of  the  style 
of  the  corporation  by  which  he  is  employed.     No  con- 
ductor or  collector  without  such  badge  shall  demand  or 
be  entitled  to  receive  from  any  passenger  any  fare,  toll 
or  ticket,  or  exercise  any  of  the  powers  of  his  office ;  and 
no  other  of  said  officers  or  servants,  without  such  badge, 


196 

shall  have  any  authority  to  meddle  or  interfere  with  any 
passenger,  his  baggage  or  property. 

Annual  re-  SEC.  28.  Every  such  corporation  shall  make  an  annual 
report  to  the  secretary  of  this  state,  of  the  operations  of 

Oath.  the  year  ending  on  the  first  day  of  January ;  which  re- 
port shall  be  verified  by  the  oaths  of  the  treasurer  and 
the  acting  superintendent  of  operations,  and  filed  in  his 
office  by  the  twentieth  day  of  January  in  each  year,  and 

contents,  shall  state — 1st.  The  capital  stock  and  the  amount  actu- 
ally paid  in.  2d.  The  amount  expended  for  the  purchase 
of  lands  for  the  construction  of  the  road,  for  buildings 
and  for  engines  and  cars  respectively.  3d.  The  amount 
and  nature  of  its  indebtedness,  and  the  amounts  due  the 
corporation.  4th.  The  amount  received  for  the  transpor- 
tation of  passengers,  of  property,  of  the  mails  and  from 
other  sources.  5th.  The  amount  of  freight,  specifying  the 
quantity  in  tons,  of  the  products  of  the  forests,  of  ani- 
mals, of  vegetable  food,  other  agricultural  products,  man- 
ufactures, merchandise  and  other  articles.  6th.  The 
amount  paid  for  repairs,  engines,  cars,  buildings  and  sa- 
laries. 7th.  The  number  and  amount  of  dividends,  and 
when  paid.  8th.  The  number  of  engine-houses  and  shops , 
of  engines  and  cars,  and  their  character.  9th.  The  num- 
ber of  miles  run  by  passenger,  freight  and  other  trains 
respectively.  10th.  The  number  of  men  employed  and 
their  occupation,  llth.  The  number  of  persons  injured 
in  life  or  limb,  and  the  cause  of  such  injury.  12th. 
Whether  any  accidents  have  arisen  from  carelessness  or 
negligence  of  any  person  in  the  employment  of  the  cor- 
poration, and  whether  such  person  is  retained  in  the  ser- 
vice of  the  corporation. 

Penalty  for     SEC.  29.  Any  such  corporation  which  shall  neglect  to 

neglect.  ma]~e  such  report  shall  be  liable  to  a  penalty  of  two 
hundred  and  fifty  dollars,  to  be  sued  for  in  the  name  of 
the  people  of  this  state. 

Property  SEC.  30.  The  property  belonging  to  any  company  or- 
ganized under  the  provisions  of  this  act  shall  be  listed 
by  the  resident  secretary  or  other  proper  officer,  with  the 


197 

auditor  of  the  state,  which  shall  be  subject  to  the  same  Taxation, 
rate  of  taxation  as  other  similar  property  of  individuals ; 
and  the  revenue  arising  therefrom  shall  be  paid  into  the 
state  treasury,  until  the  entire  extinction  of  the  internal 
improvement  debt  of  the  state,  after  which  the  said  pro- 
perty shall  be  subject  to  taxation,  and  the  revenue  arising 
therefrom  paid  as  in  case  of  all  other  property  in  the 
state.  The  revenue  derived  under  this  section  to  be  ap- 
plied to  the  payment  of  the  public  debt  of  the  state. 

SEC.  31.  The  state  shall  have  a  lien  upon  all  rail-roads  Liens  of 
of  said  corporations,  and  their  appurtenances  and  stock 
therein,  for  all  penalties,  taxes  and  dues  which  may  ac- 
crue to  the  state  from  said  corporations ;  which  lien  of 
the  state  shall  take  precedence  of  all  demands,  judgments 
or  decrees  against  said  corporations ;  and  the  citizens  And  of  cm- 
of  this  state  shall  have  a  lien  upon  all  the  personal  pro- 
perty of  said  corporation  to  the  amount  of  one  hundred 
dollars,  originally  contracted  within  this  state,  which, 
after  said  lien  of  the  state,  shall  take  precedence  of  all 
other  debts,  demands,  judgments  or  decrees,  liens  or 
mortgages  against  said  corporation. 

SEC.  32.  The  legislature  may,  when  any  such  rail-road    Toils  may 

....  •  i  be  altered  by 

shall  be  opened  for  use,  from  time  to  time  alter  or  reduce  legislature, 
the  rates  of  toll,  fare,  freight  or  other  profits  upon  such  road ; 
but  the  same  shall  not,  without  the  consent  of  the  corpo-     Hot  if  m- 
ration,  be  so  reduced  as  to  produce,  with  said  profits,  less  fifteen  unper 
than  fifteen  per  cent,  per  annum  on  the  capital  actually ce 
paid  in ;  nor  unless  on  an  examination  of  the  amounts 
received  and  expended,  to  be  made  by  the  secretary  of 
state,  he  shall  ascertain  that  the  net  income,  divided  by 
the  company  from  all  sources  for  the  year  then  last  past 
shall  have  exceeded  an  annual  income  of  fifteen  per  cent, 
upon  the  capital  of  the  corporation  actually  paid  in. 

SEC.  33.  Any  such  corporation  shall,  when  applied  to      TO  carry 
by  the  postmaster-general,  convey  the  mails  of  the  United 
States  on  their  road  or  roads  respectively ;  and  in  case 
such  corporation  shall  not  agree  as  to  rates  of  transporta- 
tion thereof,  and  as  to  time,  rate  of  speed,  manner  and 


198 

condition  of  carrying  the  same,  it  shall  be  lawful  for  the 
Governor  governor  of  this  state  to  appoint  three  commissioners, 
who,  or  a  majority  of  them,  after  fifteen  days'  notice  in 
writing  of  the  time  and  place  of  meeting  to  the  corpora- 
Fix  prices,  tion,  shall  determine  and  fix  the  prices,  times  and  condi- 

&c.  for  mails.  ,.  f  .  -.    ,  ,  •r_,  ,       ,          „ 

tions  aforesaid,  but  such  prices  shall  not  be  less  lor  carry- 
ing said  mails  in  the  regular  passenger  trains  than  the 
amount  which  said  corporation  would  receive  as  freight 
on  a  like  weight  of  merchandise  transported  in  their 
merchandise  trains,  and  a  fair  compensation  for  the  post- 
office  car.  And  in  case  the  postmaster-general  shall  re- 
quire the  mail  to  be  carried  at  other  hours  and  at  a  higher 
speed  than  the  passenger  trains  be  run  at,  the  corporation 
shall  furnish  an  extra  train  for  the  mail,  and  be  allowed 
an  extra  compensation  for  the  expenses  and  wear  and 
tear  thereof,  and  for  the  services  to  be  fixed  aforesaid. 
Penalty  on  SEC.  34:.  If  any  passenger  shall  refuse  to  pay  his  fare 

pay  fen.      or  toll,  it  shall  be  lawful  for  the  conductor  of  the  train 

and  the  servants  of  the  corporation  to  put  him  out  of  the 

cars  at  any  usual  stopping  place  the  conductor  shall 

select. 

Regular     SEC.  35.   Every  such  corporation  shall  start  and  run 

b™fixed.sha11  their  cars  for  the  transportation  of  passengers  and  property, 

at  regular  times,  to  be  fixed  by  public  notice,  and  shall 

Accommo- furnish  sufficient  accommodations  for  the  transportation 

dations    fur-  ti  i  T  i      n          •  i  • 

nished.  of  all  such  passengers  and  property  as  shall,  within  a 
reasonable  time  previous  thereto,  offer  or  be  offered  for 
transportation  at  the  place  of  starting,  and  the  junctions 
of  other  rail-roads,  and  at  siding  and  stopping  places 
established  for  receiving  and  discharging  way  passengers 
and  freight,  and  shall  take,  transport  and  discharge  such 
passengers  and  property  at,  from  and  to  such  places,  on 
the  due  payment  of  tolls,  freight  or  fare,  legally  authorized 
therefor. 
Penalty  for  SEC.  36.  In  case  of  the  refusal  by  such  corporation  or 

neglect.  their  agents,  so  to  take  and  transport  any  passengers  or 
property,  or  to  deliver  the  same,  or  either  of  them,  at  the 
regular  or  appointed  time,  such  corporation  shall  pay  to 


199 

the  party  aggrieved  all  damages  which  shall  be  sustained 
thereby,  with  costs  of  suit. 

•  SEC.  37.  In  forming  a  passenger  train,  baggage  or  Trains,  how 
freight,  or  merchandise  or  lumber  cars,  shall  not  be 
placed  in  the  rear  of  passenger  cars ;  and  if  they  or  any 
of  them  shall  be  so  placed,  and  any  accident  shall  happen 
to  life  or  limb,  the  officer  or  agent  who  so  directed,  or 
knowingly  suffered  such  arrangement,  and  the  conductor 
or  engineer  of  the  train,  shall  each  and  all  be  held  guilty 
of  intentionally  causing  the  injury,  and  be  punished  ac- 
cordingly. 

SEC.  38.  A  bell  of  at  least  thirty  pounds  weight,  or  a      Beii  and 
steam  whistle,  shall  be  placed  on  each  locomotive  engine,  kept  c  °and 
and  shall  be  rung  or  whistled  at  the  distance  of  at  least rai 
eighty  rods  from  the  place  where  the  said  road  shall 
cross  any  other  road  or  street,  and  be  kept  ringing  or 
whistling  until  it  shall  have  crossed  said  road  or  street, 
under  a  penalty  of  fifty  dollars  for  every  neglect,  to  be 
paid  by  the  corporation  owning  the  rail-road,  one-half 
thereof  to  go  to  the  informer  and  the  other  half  to  the 
state,  and  also  be  liable  for  all  damages  which  shall  be 
sustained  by  any  person  by  reason  of  such  neglect. 

SEC.  39.  Every  such  corporation  shall  cause  boards  to  Boards  to 
be  placed,  well  supported  by  posts  or  otherwise,  and  con- 
stantly maintained  across  each  public  road  or  street, 
where  the  same  is  crossed  by  the  rail  road.  On  the  same 
level  said  boards  shall  be  elevated,  so  as  not  to  obstruct 
the  travel,  and  to  be  easily  seen  by  travellers ;  and  on 
each  side  of  said  boards  shall  be  painted  in  capital  letters, 
of  at  least  the  size  of  nine  inches  each,  the  words  "  Rail- 
road crossing — look  out  for  the  cars  while  the  bell  rings, 
or  the  whistle  sounds."  But  this  section  shall  not  apply 
to  streets  in  cities  or  villages,  unless  the  corporation  be 
required  to  put  up  such  boards  by  the  officers  having 
charge  of  such  streets. 

SEC.  40.  If  any  person  shall,  while  in  charge  of  a  loco-  intoxica- 
motive  engine  running  upon  the  rail-road  of  any  such  guTeman  eSr 
corporation,  or  while  acting  as  the  conductor  of  any  carc°' 


200 

or  train  of  cars  on  any  such  rail-road,  be  intoxicated,  he 
shall  be  deemed  guilty  of  a  misdemeanor. 
Penalty  for     SEC.  41.  If  any  person  shall  wilfully  do,  or  cause  to  b% 

company.  todone,  any  act  or  acts  whatever,  whereby  any  building, 
construction  or  work  of  any  such  corporation,  or  any 
engines,  machines  or  structures,  or  any  matter  or  thing 
appertaining  to  the  same,  shall  be  stopped,  obstructed, 
impaired,  weakened,  injured  or  destroyed,  the  person  or 
persons  offending  shall  be  guilty  of  a  misdemeanor,  and 
shall  forfeit  and  pay  to  the  said  corporation  treble  the 
amount  of  damages  sustained  by  means  of  such  offence. 
Penalties,  SEC.  42.  All  penalties  imposed  by  this  act  may  be  sued 

ccm*ed.      for  by  the  district  attorney,  and  in  the  name  of  the  people 

of  the  state  of  Illinois  ;  and  if  such  penalty  be  for  a  sum 

not  exceeding  one  hundred  dollars,  then  each  suit  may 

be  brought  before  a  justice  of  the  peace. 

corpora-     SEC.  43.  Every  such  corporation  shall,  within  reason- 

and  fliemmap  able  time  after  their  road  shall  be  located,  cause  to  be 

of  lands.  , 

made — 

1st.  A  map  and  profile  thereof,  and  of  the  land  taken 
and  obtained  for  the  use  thereof,  and  file  the  same  in  the 
office  of  the  secretary  of  state  ;  and  also  like  maps  of  the 
parts  thereof  located  in  different  counties,  and  file  the 
same  in  the  office  for  recording  deeds  in  the  county  in 
which  said  parts  of  said  road  shall  lie,  there  to  remain  as 
of  record  forever. 

certificate     2d.  A  certificate,  specifying  the  line  upon  which  it  is 
grades,  &c. '  proposed  to  construct  the  rail-road  and  the  grades  and 

curves. 

incorpora-  SEC.  44.  If  any  such  corporation  shall  not,  within  five 
case,&£  m  years  after  its  incorporation,  begin  the  construction  of  its 
road,  and  expend  thereon  ten  per  cent,  on  the  amount  of 
its  capital,  and  finish  the  road  and  put  it  in  full  operation 
in  ten  years  thereafter,  its  act  of  incorporation  shall  be- 
come void. 

Existing     SEC.  45.  All  existing  rail-road  corporations  within  this 
subject     to  state  shall  respectively  have  and  possess  all  the  powers 

this  act  -         ...  ,,"        .  .  IT     i        -I       •  i  i«    i  «i« 

and  privileges,  and  be  subject  to  all  the  duties  and  habili- 


201 

ties  and  provisions  contained  in  this  act,  so  far  as  they 
shall  be  applicable  to  their  present  conditions,  and  not 
inconsistent  with  their  several  charters  ;  and  all  rail-road 
companies  that  are  now  constructing  their  roads  may  ac- 
quire title  to  lands  necessary  for  that  purpose  under  the 
provisions  of  this  act. 

SEC.  46.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  November  5,  1849. 


A~N  ACT 

SUPPLEMENTAL  TO  AN  ACT  ENTITLED  "AN  ACT  TO  PROVIDE  FOR 
A   GENERAL   SYSTEM   OF  RAIL-ROAD   INCORPORATIONS." 

SEC.  1 .  Be  it  enacted  l>y  the  people  of  the  State  of  Il- 
linois, represented  in  the  General  Assembly,  That  when-    stock  may 
ever  the  citizens  of  any  city  or  county  in  this  state  are  ed  b$y  bcuy or 
desirous  that  said  city  or  county  should  subscribe  for001 
stock  in  any  rail-road  company  already  organized  or  in- 
corporated, or  hereafter  to  be  organized  or  incorporated 
under  any  law  of  this  state,  such  city  or  county  may, 
and   are   hereby   authorized  to  purchase    or  subscribe 
for  shares  of  the  capital  stock  in  any  such  company,  in 
any  sum  not  exceeding  one  hundred  thousand  dollars  for 
each  of  said  cities  or  counties ;  and  the  stock  so  sub- 
scribed for  or  purchased  shall  be  under  the  control  of 
the  county  court  of  the  county,  or  common  council  of  the 
city  making  such  subscription  or  purchase,  in  all  respects 
as  stock  owned  by  individuals. 

SEC.  2.  That  for  the  payment  of  said  stock,  the  judges       City  or 
of  the  county  court  of  the  county,  or  the  common  council  borrow  mo^ 
of  the  city,  making  such  subscription  or  purchase,  are  Tue  bonds.15" 
hereby  authorized   to  borrow  money  at  a  rate  not  ex- 
ceeding ten  per  cent,  per  annum,  and  to  pledge  the  faith 
of  the  county  or  city  for  the  annual  payment  of  the  in- 
terest, and  the  ultimate  redemption  of  the  principal ;  or 


202 

if  the  said  judges  or  common  council  shall  deem  it  most 
advisable,  they  are  hereby  authorized  to  pay  for  such 
subscription  or  purchase  in  bonds  of  the  city  or  county 
making  such  subscription,  to  be  drawn  for  that  purpose, 
in  sums  not  less  than  fifty  dollars,  bearing  interest  not  ex- 
ceeding ten  per  cent,  per  annum  :  Provided,  That  no 
bond  shall  be  paid  out  at  a  rate  less  than  par  value. 
Bonds  re-  SEC.  3.  The  rail-road  companies  already  organized  or 
incorporated,  or  hereafter  to  be  organized  or  incorporated 


under  the  laws  of  this  state,  are  hereby  authorized  to  re- 
ceive the  bonds  of  any  county  or  city  becoming  subscri- 
bers to  the  capital  stock  of  such  company,  at  par,  and  in 
lieu  of  cash,  and  to  issue  their  bonds  bearing  interest  not 
exceeding  ten  per  centum  per  annum  for  any  moneys  by 
them  borrowed  for  the  construction  of  their  rail-road  and 
fixtures,  or  for  the  purchase  of  engine  or  cars,  and  for 
such  purpose  may  dispose  of  any  bonds  by  them  received 
as  aforesaid. 

vote  to  be  SEC.  4.  No  subscription  shall  be  made  or  purchase  or 
howndone.n  bond  issued,  by  any  county  or  city  under  the  provisions 
of  this  act,  whereby  any  debt  shall  be  created  by  said 
judges  of  the  county  court  of  any  county,  or  by  the  com- 
mon council  of  any  city,  to  pay  any  such  subscription, 
unless  a  majority  of  the  qualified  voters  of  such  county 
or  city  (taking  as  a  standard  the  number  of  votes  thrown 
at  the  last  general  election  previous  to  the  vote  had  upon 
the  question  of  subscription  under  this  act  for  county 
officers)  shall  vote  for  the  same  ;  and  the  judges  of  the 
county  court  of  any  county,  or  the  common  council  of 
any  city,  desiring  to  take  stock  as  aforesaid,  shall  give  at 
least  thirty  days'  notice,  in  the  same  manner  as  notices 
are  given  for  election  of  state  and  county  officers  in  said 
counties,  requiring  said  electors  of  said  counties  or  said 
cities  to  vote  upon  the  day  named  in  such  notices,  at  their 
usual  place  of  voting,  for  or  against  the  subscription  for 
said  capital  stock,  which  they  may  propose  to  make,  and 
said  notices  shall  specify  the  company  in  which  stock  is 
proposed  to  be  subscribed,  the  amount  which  it  is  pro- 


203 

posed  to  take,  and  the  time  which  the  bonds  proposed  to 
be  issued  are  to  run,  and  the  interest  which  said  bonds 
are  to  bear ;  or  in  case  it  is  proposed  to  borrow  money 
to  pay  such  subscription,  then  the  notices  shall  state  the 
terms  upon  which  such  loan  is  to  be  effected ;  and  the 
opinion  of  the  electors  shall  be  expressed  upon  their 
ballots  "  for  subscription  "  or  "  against  subscription,"  and 
counted  and  returned  by  the  judges  and  clerks  of  elec- 
tions as  in  other  cases;  and  if  a  majority  of  the  voters 
of  said  county  or  city,  assuming  the  standard  aforesaid, 
shall  be  in  favor  of  the  same,  such  authorized  subscrip- 
tion or  purchase,  or  any  part  thereof,  shall  then  be  made 
by  said  judges  or  common  council.  In  case  any  election 
had  under  this  act  is  held  upon  a  day  of  a  general  election, 
then  the  number  of  votes  thrown  at  such  general  election 
for  courft y  officers  shall  be  the  standard  of  the  number 
of  qualified  voters  as  aforesaid.  No  bonds  shall  be  issued 
under  the  provisions  of  this  act  by  any  county  or  city, 
excepting  for  the  amounts  required  to  be  paid  at  the 
time  of  subscription,  and  for  the  amounts  of  and  at  the 
time  when  assessments  upon  all  the  stockholders  of  said 
company  shall  be  regularly  assessed  and  made  payable. 

SEC.  5.  This  act  shall  take  effect  from  and  after  its 
passage. 

Approved  November  6,  1819. 


AN  ACT 

TO    AUTHORIZE  THE   CONSTRUCTION   AND   USE   OF   THE    NORTH- 
ERN  INDIANA   AND   CHICAGO  RAIL-ROAD. 

SEC.  1.  Be  it  enacted  by  the  people  of  the  State  of  Il- 
linois, represented  in  the  General  Assembly,  That  the 
Northern  Indiana  and  Chicago  Kail-Road  Company  be, 
and  they  are  hereby  authorized  to  maintain  and  use  or 
construct  and  build  a  rail-road  at  and  from  the  city  of 


204: 

Chicago,  in  the  county  of  Cook,  in  a  southerly  and  south- 
easterly direction,  through  the  southerly  portion  of  said 
county  of  Cook,  to  a  point  where  the  state  line  shall  be 
intersected  by  the  road  of  the  western  division  of  the 
Buffalo  and  Mississippi  Rail-Road  Company,  on  the  most 
direct  and  eligible  route  ;  and  the  road  above  mentioned 
is  hereby  declared  to  be  of  sufficient  public  utility  to 
justify  the  taking  of  private  property  for  constructing  and 
maintaining  the  same  ;  and  the  acts  done  by  said  company 
are  hereby  legalized,  and  the  said  Northern  Indiana  and 
Chicago  Rail-Road  Company  is  authorized  to  make  such 
contracts  and  agreements  for  the  transportation  of  freight 
and  passengers,  and  the  construction  and  maintenance 
or  use  of  its  said  road  with  any  road  of  which  it  may  be 
an  extension,  as  to  the  board  of  directors  may  seem 
proper.  * 

Approved  June  16,  1852. 


AN  ACT 

TO    AMEND   AN   ACT   ENTITLED    "AN    ACT  TO    PROVIDE   FOR  A 
GENERAL   SYSTEM   OF  RAIL-ROAD  INCORPORATIONS." 

SEC.  1.  Be  it  enacted  by  the  people  of  the  State  of  Il- 
linois, represented  in  the  General  Assembly,  That  all 
rail-road  companies  incorporated,  or  which  may  be  here- 
after incorporated,  under  the  authority  of  the  state,  the 
lines  or  routes  of  which  rail-roads  may  connect  with  or 
cross  each  other,  shall  have  power  to  make  contracts  or 
arrangements  with  each  other,  for  the  use  of  each  other's 
engines,  machinery  or  cars,  as  also  for  the  mutual  trans- 
portation of  material,  merchandise  and  passengers  upon 
and  along  the  lines  of  each  other's  roads,  upon  such 
terms  as  may  be  mutually  agreed  upon  between  any 
such  corporations. 

Approved  February  12,  1853. 


205 


AN  ACT 

TO    ENABLE   RAIL-ROAD    COMPARES     AND    PLANK-ROAD    COM- 
PANIES  TO   CONSOLIDATE   THEIR   STOCK. 

SEC.  1.  Be  it  enacted  ty  the  people  of  the  State  of  11-  Powers  to 
linoiS)  represented  in  the  General  Assembly ',  That  all  rail-  property  and 
road  companies  and  plank-road  companies  now  organ- 
ized, or  hereafter  to  be  organized,  which  now  have  or 
hereafter  may  have  their  termini  fixed  by  law,  whenever 
their  said  road  or  roads  intersect  by  continuous  lines,  be, 
and  the  same  are  hereby  authorized  and  empowered  to 
consolidate  their  property  and  stock  with  each  other,  and 
to  consolidate  with  companies  out  of  this  state,  whenever 
their  lines  connect  with  the  lines  of  such  companies  out 
of  this  state. 

SEC.  2.  Such  consolidation  may  take  place  whenever    Wh,f"  !he 

*  >  consolidation 

the  said  companies  shall   respectively  agree  upon  the61^    tate 
terms  and  conditions  of  the  same ;  and  the  said  com-  ^ 
panies,  when  so  consolidated,  shall  be  authorized  to  agree  SJ5J 
upon  the  name  or  names  of  such  consolidated  company,  thepo^nrsoH 
and  by  such  name  or  names  the   said  consolidated  com-  ^^  C01" 
pany  shall  be  a  body  corporate  and  politic,  shall  have  a 
common  seal  or  seals,  and  by  such  name  or  names  shall 
be  respectively   contracted  with,   and  make  contracts, 
shall  sue  and  be  sued,  implead  and  be  impleaded  with, 
and  shall  have  all  the  powers,  franchises  and  immunities 
which  the  said  respective  companies  shall  have,  by  vir- 
tue of  the  respective  charters,  before  such  consolidation, 
passed  [possessed]  within  the  state  of  Illinois  :  Provided,    proviso. 
That  each  consolidated  company  shall  file  for  record,  in 
the  office  of  the  secretary  of  state,  a  copy  of  their  said 
articles  of  consolidation,  evidenced  by  the  signature  of 
the  presiding  officer  of  each  of  the  said  companies,  and 
the  corporate  seal  thereof. 


borrow    mo- 

ney,  to 

the    rate 


206 

Power  to     SEC.  3.  The  corporation  or  corporations  formed  by  vir- 
pitai  stock,   tue  of  the  provisions  of  this  act,  shall  have  power  to  in- 
crease their  capital  stock  to  any  amount  required  by  reso- 
lution of  their  respective  boards  of  directors,  not  exceed- 
ing the  amount  of  the  cost  of  the  roads  and  works  con- 
to  structed  and  equipped  by  them,  to  borrow  money  and 

o-  ,,  .  • 

to  fix  lix  the  rate  of  interest  therefor,  to  issue  bonds,  and  the 

ate   of 

i"sueesbonds  same  to      ^  a^  suc^  PT'1CG  as  tuev  ma7  deem  expedient, 
tnedsame8e11  suc^  SSi^es  being  hereby  authorized  and  confirmed,  and 
to  make  any  other  contracts  authorized  by  the  by-laws 
of  the  said  corporation  or  corporations,  within  the  pur- 
view of  their  said  charters. 
Power  to     SEC.  4.  Such   corporation    or    corporations,   when  so 

consolidate.    .,,,,,,, 

formed,  shall  have  the  same  power  to  consolidate  with 
other    companies  when  their  lines  connect,  upon  such 
terms  as  may  be  agreed  upon  by  them  respectively. 
Termini  to     SEC.  5.  No  company  in  this  state  shall  be  authorized, 

be  fixed.  -  .  ..„,.  ,.,  ., 

under  the  provisions  of  this  act,  to  consolidate  with  any 

company  beyond  the  limits  of  the  state,  until  the  termini 

of  such  company  in  this  state  shall  first  have  been  fixed 

by  the  laws  of  this  state,  at  the  boundary  line  thereof. 

piank-roads     SEC.  6.  This  act  shall  not  be  so  construed  as  to  author- 

soiidate  with  ize  any  plank-road,  not  having  power  to  build  a  rail-road, 

to  consolidate  with  any  rail-road,  so  as  to  lay  a  rail-road 

upon  any  plank-road  track,  until  the  termini   of  such 

rail-road  shall  have  been  expressly  fixed  by  law  ;  nor 

shall  any  plank-road  so  consolidate  with   any  rail-road, 

unless  authorized  by  law  to  lay  a  rail  road  track. 

oonsoiida-     SEC.  7.  All  proceedings  for  the  purpose  of  consolida- 

ted "place  tion  as  above  provided,  shall  be  fixed  and  regulated  by 

without    ap-  *      .  .  ,      .    .  , 

provai  of  a  tlie  by-laws  oi  the  respective  companies  desiring  such 

rr-ajority     in  ,.  --.          .  _    _     _.  ,  .          .  , 

interest    of  consolidation  :  J^rovided,  lliat  such  consolidation  shall 

stockhodert.  .. 

not  take  place  until  the  terms  ot  such  consolidation  shall 
have  been  approved  by  a  majority  of  the  stockholders  in 
interest,  in  person  or  by  proxy,  at  an  annual  or  called 
meeting,  of  which  due  notice  shall  be  given  by  publica- 
tion or  in  writing,  to  all  stockholders  interested,  or  the 
same  be  approved  by  the  written  consent  of  a  majority 


20T 

of  the  stockholders  in  interest,  filed  in  the  office  of  their 
company. 

SEC.  8.  "When  it  shall  be  necessary  for  the  construction 

»  t  crossings. 

of  any  rail-road  to  cross  the  track  of  any  other  rail-road, 
stream  of  water,  water-course,  road  or  highway,  which 
it  may  intersect  or  cross  by  reason  of  such  extension 
into  or  through  any  adjoining  state,  or  by  reason  of  its 
consolidation  with  any  other  road  or  roads,  company  or 
companies,  as  provided  in  this  act,  it  shall  be  lawful  for 
said  company  to  construct  their  road  across  or  over  the 
same,  by  such  track  or  tracks,  bridge  or  bridges,  viaduct 
or  viaducts,  as  may  be  necessary  to  the  convenience  of 
the  extension  or  consolidation  of  said  road :  Provided,  Proviso. 
Said  company  shall  restore  the  rail-road,  stream  of  water, 
water-course,  road  or  highway  thus  intersected  or  crossed, 
to  its  former  state,  or  in  a  sufficient  manner  not  materially 
to  interfere  with  its  usefulness. 

SEC.  9.  This  act  shall  take  effect  from  and  after  its 
passage. 

Approved  February  28,  1854. 


AN  ACT 


TO   FACILITATE   THE  CONSTRUCTION   OF   RAIL-KOADS. 

SEC.  1.  Be  it  enacted  T>y  the  people  of  the  State  of  II-     Bonds  of 
linois,  represented  in  the  General  Assembly,  That  any  counties,™' 
city  or  county  in  this  state,  which,  under  the  provisions  of  deUvnert°d. 
an  act,  entitled  "  An  act  supplemental  to  an  act  entitled 
'  An  act  to  provide  for  a  general  system  of  rail-road  in- 
corporations,' "  approved  November  5th,  1849,  has  hereto- 
fore subscribed,  or  may  hereafter  subscribe  for  stock  in 
any  rail-road  company,  payable   in  the  bonds  of  said 
city  or  county,  it  shall  be  lawful  for  the  city  council  of 
such  city,  or  the  judges  of  such  county,  and  they  are 
hereby  authorized  and  empowered  to  issue  and  deliver 


208 

to  such  rail-road  company  the  whole,  or  any  portion  of 
the  bonds  of  such  city  or  county,  payable  on  such  sub- 
scription, at  any  time  hereafter  when,  in  their  opinion, 
the  interests  of  such  city  or  county  will  be  promoted  there- 
by, whether  the  assessments  upon  the  stockholders  of  said 
company  have  been  regularly  assessed  and  made  paya- 
ble or  not. 

SEC.  2.  That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  1,  1854. 


FURTHER  TO  AMEND  AN  ACT  REGULATING  RAIL-ROAD  COM- 
PANIES, PASSED  FEBRUARY  11,  1848,  AND  FOR  OTHER 
PURPOSES. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  In  case  of  any  vacancy,  by  death,  resig- 
nation or  any  other  cause,  in  any  board  of  directors  of 
any  rail-road  company,  plank-road  company  or  turnpike- 
road  company,  incorporated  by  the  general  assembly  of 
this  state,  if  in  the  act  or  acts  incorporating  such  com- 
pany no  provision  is  made  for  power  to  fill  such  vacancy, 
it  shall  be  lawful  for  the  remaining  directors  to  appoint 
a  director  to  fill  such  vacancy  ;  and  the  person  so  ap- 
pointed shall  be  a  director  of  such  company  until  the 
next  succeeding  stated  election,  and  until  his  successor 
shall  be  elected  and  qualified. 

Passed  March  13,  1849. 


AN  ACT 

AUTHORIZING  RAIL-ROAD  COMPANIES  TO  CHANGE  THEIR  GAUGE 
OR  WIDTH   OF  TRACK   IN   CERTAIN    CASES. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  That  each  rail-road  company  now  existing, 
or  that  may  be  hereafter  formed  in  this  state,  shall  be  re- 
quired to  make  every  rail-road  constructed  or  controlled 
by  said  company,  of  one  uniform  gauge  or  width  of  track 
from  end  to  end.  And  whenever  either  of  the  roads  afore- 
said shall  connect  with  or  cross  any  other  road  or  roads, 
the  companies  owning  or  controlling  each  or  either  of  said 
roads  may  adopt  such  uniform  gauge  or  width  of  track 
as  will  enable  each  of  said  companies  to  pass  the  same 
cars  over  each  of  said  roads  respectively. 

Passed  March  24,  1852. 


AN  ACT 

RELATING   TO   THE   SALE  OF   BONDS   OF  RAIL-ROAD   COMPANIES, 
AND   TO   INCREASE   THE   NUMBER   OF   DIRECTORS. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the     Directors 

State  of  Ohio.  That  the  directors  of  any  rail-road  com-  bonds,  notes, 
111  -I  &c'  of  the 

pany,  authorized  to  borrow  money  and  to  execute  bonds  company. 

or  promissory  notes  therefor,  shall  be,  and  they  are  here- 
by authorized  to  sell,  negotiate,  mortgage  or  pledge  such 
bonds  or  notes,  as  well  as  any  notes,  bonds,  scrip  or  cer- 
tificates, for  the  payment  of  money  or  property  which 
snch  company  may  have  heretofore  received,  or  shall 
hereafter  receive  as  donations,  or  in  payment  of  subscrip- 
tions to  the  capital  stock,  or  for  other  dues  of  such  com- 

14 


210 

pany,  at  such  times  and  in  such  places,  either  within  or 

without  the  state,  and  at  such  rates  and  for  such  prices 

as  in  the  opinion  of  said  directors  will  best  advance  the 

sales  at  interests  of  such  company ;  and  if  such  notes  or  bonds 

a      discount 

valid.         are  thus  sold  at  a  discount,  such  sale  shall  be  as  valid  in 
every  respect,  and  such  securities  as  binding  for  the  re- 
spective amounts  thereof  as  if  they  were  sold  at  their  par 
value. 
Directors     SEC.  2.   ~No  director  of  any  rail-road  company  shall, 

chaset0stock~  either  directly  or  indirectly,  purchase  any  shares  of  the 

than  a  par  capital  stock,  or  any  of  the  bonds,  notes  or  other  securi- 
ties of  any  rail-road  company  of  which  he  may  be  a  di- 
rector, for  less  than  the  par  value  thereof;  and  all  such 
stocks,  bonds  and  notes,  or  other  securities,  that  may  be 
purchased  by  any  such  director  for  less  than  the  par 
value  thereof,  shall  be  null  and  void. 
Companies  SEC.  3.  That  any  rail-road  company  heretofore  incorpo- 

the  number  rated,  or  which  may  be  hereafter  incorporated,  in  this 

of  directors.  ,      ..  -i    •      i          -i  i        • 

state,  shall  be  and  is  hereby  authorized,  by  a  vote  01  a 
majority  of  the  stock  of  such  company,  to  increase  the 
number  of  directors,  provided  for  in  the  charter  of  such 
company,  to  any  number  not  greater  than  thirteen;  and 
the  increased  number  of  directors  thus  created  shall  have 
the  same  powers  and  perform  the  same  duties  as  may  be 
provided  for  in  the  charter  of  such  company. 
Passed  December  15,  1852. 


AN  ACT 


TO   REGULATE   KAIL-ROAD   MORTGAGES. 


Raii-road     SEC.  1.  Be  it  enacted  ~by  the  General  Assembly  of  the 
m^-pe"ecute  State  of  Ohio,  That  in  all  cases  where  any  rail-road  com- 
pany organized,  or  hereafter  to  be  organized,  under  any 
law  of  this  state,  or  owning  any  real  and  personal  estate 
therein,  which  has,  by  virtue  of  any  special  provisions  in 


211 

its  charter,  of  the  act  "regulating  rail-roads,"  passed 
February  11, 1848,  or  of  the  act  "  to  provide  for  the  crea- 
tion and  regulation  of  incorporated  companies  in  the 
state  of  Ohio,"  passed  May  1,  1852,  authority  to  borrow 
money,  and  to  secure  the  payment  thereof,  to  pledge  the 
property  and  income  of  such  company,  every  such  com- 
pany may  execute  a  deed  of  mortgage,  or  other  instru- 
ment in  writing,  for  the  purpose  of  securing  the  payment 
of  the  loan  of  money  so  made,  or  the  notes,  bonds  or 
other  evidences  of  indebtedness  that  may  be  so  issued  by 
said  company  therefor,  which  said  mortgage  may  include 
the  personal  as  well  as  the  real  property  of  said  company. 

SEC.  2.  That  in  all  cases  where  a  mortgage  has  been  or     Evidence 

of  debt  when 

may  hereafter  be  executed  upon  any  portion  ot  the  per- recorded, 
sonal  and  real  property  of  any  rail-road  company  within 
this  state,  by  the  proper  officers  of  the  same,  to  secure 
the  payment  of  any  loans  of  money  or  advances  of  mate- 
rial or  labor  made  to  said  company,  it  shall  be  held  to 
be  a  sufficient  record  of  the  same  to  have  the  same  re- 
corded in  the  office  of  the  recorder  of  deeds,  in  each  of 
the  counties  in  which  said  real  or  personal  property  may 
be  situated  or  employed ;  and  said  mortgage,  so  recorded, 
shall  be  held  to  be  a  good  and  substantial  lien  from  the 
date  of  the  record  of  the  same  in  each  county  where  the 
same  is  recorded,  as  well  upon  the  personal  as  the  real 
property  of  said  company. 
Passed  March  9, 1853. 


A~N  ACT 

AUTHORIZING    KAIL-ROAD     COMPANIES    TO    ISSUE     BONDS     AND 
INCREASE  THEIR   CAPITAL   STOCK   IN   CERTAIN   CASES. 

SEC.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  That  any  rail-road  company  heretofore,  or 
that  may  hereafter  be  incorporated  under  the  laws  of  this 


212 

state,  contemplating  the  laying  of  a  double  track,  may 
issue  its  bonds,  convertible  or  otherwise,  bearing  any 
rate  of  interest  not  exceeding  seven  per  centum  per  an- 
num, to  an  amount  not  exceeding  half  its  capital  stock, 
and  sell  the  same  at  such  times  and  at  such  places  within 
or  without  this  state,  and  at  such  rates  as  the  directors  of 
such  company  may  deem  best  for  its  interests ;  and  if 
such  bonds  are  sold  at  a  discount,  they  shall  be  as  valid  in' 
every  respect  as  if  sold  at  their  par  value,  and  such  com- 
pany may  secure  such  bonds  by  a  mortgage  on  its  pro- 
perty or  otherwise,  and  may  at  its  option  increase  its 
capital  stock  in  an  amount  equal  to  the  bonds  issued  as 
aforesaid. 
Passed  March  11, 1853. 


AETICLES  OF  CONSOLIDATION 

AND  AGREEMENT  BETWEEN  THE  MICHIGAN  SOUTHERN  KAIL- 
ROAD  COMPANY  AND  THE  NORTHERN  INDIANA  RAIL-ROAD 
COMPANY,  CONSTITUTING  THE  MICHIGAN  SOUTHERN  AND 
NORTHERN  INDIANA  RAIL-ROAD  COMPANY. 

Articles  of  consolidation  and  agreement,  made  and 
entered  into  the  twenty-fifth  day  of  April,  one  thousand 
eight  hundred  and  fifty-five,  by  and  between  the  Michi- 
gan Southern  Rail-Road  Company,  of  the  first  part,  and 
the  Northern  Indiana  Rail-Road  Company,  of  the  second 
part. 

Whereas  the  said  parties  of  the  first  part  are  a  rail- 
road company,  organized  under  and  by  virtue  of  the 
laws  of  the  state  of  Michigan,  by  a  charter  and  amend- 
ments thereto,  authorizing  the  same  to  construct  the 
rail-road  and  branches^  in  the  state  of  Michigan,  in  said 
charter  and  amendments  mentioned  : 

And  whereas  the  said  parties  of  the  second  part  are 
another  rail-road  company,  organized  under  and  by  vir- 


213 

tue  of  the  laws  of  the  states  of  Indiana,  Ohio  and  Illinois, 
authorizing  the  said  parties  of  the  second  part  to  con- 
struct rail-roads,  as  mentioned  in  their  acts  of  incor- 
poration : 

And  whereas  the  said  rail-road  of  the  said  parties  of 
the  first  part,  meets  and  intersects  the  rail-road  of  the 
said  parties  of  the  second  part,  at  a  point  in  the  boundary 
line  between  the  states  of  Michigan  and  Indiana,  and 
forms  therewith  a  continuous  line  of  rail-roads,  extending 
from  the  city  of  Chicago  to  the  head  of  Lake  Erie,  at 
Monroe,  and  also  making  connection  through  Ohio,  to 
Toledo,  in  the  state  of  Ohio  : 

And  whereas  the  said  parties  of  the  first  and  second 
parts  have  intersected,  connected,  joined  and  united  their 
rail-roads  by  mutual  agreement : 

And  whereas  the  charters  of  the  said  parties  of  the 
first  and  second  parts  authorize  their  said  rail-roads  to 
go  to  the  said  state  line  of  the  states  of  Indiana  and 
Michigan,  at  the  said  point  of  intersection  : 

And  whereas  the  said  parties  of  the  first  and  second 
parts  have  mutually  agreed  to  consolidate  their  respect- 
ive capitals  with  each  other,  and  to  merge  and  consoli- 
date the  stock  of  their  respective  companies,  and  make 
one  joint-stock  company  of  their  two  rail-roads,  and  to 
consolidate  the  property  and  stock  of  the  said  parties  of 
the  first  and  second  part,  and  their  respective  compa- 
nies, upon  the  terms  and  conditions  hereinafter  stated 
and  declared  ; 

And  whereas  the  said  parties  of  the  first  and  second 
parts  are  duly  authorized  by  law  to  consolidate  in  the 
manner  hereinafter  provided  : 

And  whereas  the  terms  of  consolidation  between  the 
said  parties  of  the  first  and  second  parts,  hereinafter  con- 
tained, have  been  fixed  and  regulated  by  the  by-laws  of 
the  said  respective  companies,  and  these  present  articles 
are  framed  and  executed  in  pursuance  of  such  by-laws  : 

And  whereas  a  majority  in  interest  of  the  stockhold- 
ers of  each  of  the  said  corporations,  parties  of  the  first 


214: 

and  second  parts,  at  meetings  called  for  that  purpose, 
have  passed  a  vote  to  consolidate  the  said  two  companies  : 
Now  these  presents  witness,  that  the  said  parties  of  the 
first  and  second  parts,  in  consideration  of  the  mutual 
execution  of  these  presents,  do  hereby  merge  and  con- 
solidate the  stock  of  their  respective  companies,  and 
make  one  joint-stock  company  of  their  respective  rail- 
roads, and  do  hereby  consolidate  their  respective  stock 
and  property,  and  also  their  respective  companies  with 
each  other,  and  do  hereby  unite  their  said  two  respective 
corporations,  and  constitute  them  into  one  corporation,  to 
be  called  "  The  Michigan  Southern  and  Northern  Indi- 
ana Eail-Eoad  Company ;"  and  the  said  parties  of  the 
first  and  second  parts,  for  the  consideration  aforesaid,  do 
mutually  agree  and  declare  that  the  name  of  the  said 
consolidated  company,  by  these  presents  formed,  is  and 
shall  be  "  The  Michigan  Southern  and  Northern  Indiana 
Hail-Road  Company,"  by  which  name  the  same  shall  be 
a  body  corporate  and  politic,  and  shall  have  a  common 
seal,  and  by  which  name  the  same  shall  contract  and  be 
contracted  with,  sue  and  be  sued,  implead  and  be  im- 
pleaded  with,  and  have  all  the  powers,  franchises,  im- 
munities, property  and  privileges  now  enjoyed  by  the  said 
parties  of  the  first  part,  or  the  said  parties  of  the  second 
part,  or  which  either  of  the  said  respective  companies  of 
the  said  first  and  second  parts  have  or  had  by  virtue  of 
their  respective  charters  before  the  execution  of  these 
presents.  And  the  said  parties  of  the  first  and  second 
parts,  for  the  consideration  aforesaid,  do  hereby  mutually 
and  respectively  grant,  bargain,  sell,  release,  convey,  as- 
sign, transfer  and  set  over,  unto  the  said  consolidated 
company,  "The  Michigan  Southern  and  Northern  Indi- 
ana Rail-Road  Company,"  all  and  singular  their  several 
and  respective  rail-roads,  rail-road  lands,  stations,  cars, 
locomotives,  furniture,  tools,  machinery,  fuel,  timber, 
iron,  stone  and  other  materials,  and  all  their  several  and 
respective  bonds,  bills,  notes,  demands,  moneys  and 
things  in  action,  and  all  and  singular  their  several  and 


215 

respective  estates,  property  and  effects,  real  and  personal, 
at  law  and  in  equity,  wheresoever  situated  and  howso- 
ever held ;  and  all  and  singular  their  several  and  re- 
spective franchises,  privileges  and  immunities,  and  do 
declare  the  same  henceforth  to  be  the  estates,  property 
and  effects,  franchises,  privileges  and  immunities  of  the 
said  consolidated  company,  to  all  intents  and  purposes. 

And  the  said  parties  of  the  first  and  second  parts,  for 
the  consideration  aforesaid,  do  hereby  mutually  and  re- 
spectively agree,  that  all  and  singular  the  debts,  liabili- 
ties and  obligations  whatsoever  of  the  said  parties  of  the 
first  and  second  parts  severally  and  respectively,  shall  be 
henceforth  the  proper  debts,  liabilities  and  obligations  of 
the  said  consolidated  company,  to  all  intents  and  pur- 
poses. 

And  the  said  parties  of  the  first  and  second  parts,  for 
the  consideration  aforesaid,  do  mutually  agree  and 
declare,  that  the  said  consolidation  shall  take  effect, 
and  the  said  consolidated  company  shall  go  into  ope- 
ration immediately  on  the  due  execution  of  these  present 
articles,  and  that  the  board  of  directors  of  the  said  consoli- 
dated company  shall  carry  said  consolidation  into  effect 
by  all  necessary  acts  and  things  for  that  purpose. 

That  the  number  of  directors  of  the  said  consolidated 
company  shall  be  thirteen ;  that  the  names  of  the  first 
directors  of  said  united  corporations  are  John  B.  Jervis, 
Edwin  C.  Litchfield,  Charles  Butler,  John  Stryker,  Elisha 
C.  Litchfield,  Hugh  White,  John  S.  Barry,  Ezekiel  Mor- 
rison, John  Wilkinson,  Thomas  Barron,  Daniel  B.  St. 
John,  Hamilton  White  and  Edwin  D.  Morgan,  who  shall 
constitute  the  board  of  directors  of  the  said  consolidated 
company,  until  the  first  election  of  directors  thereof  shall 
be  held.  That  said  board  of  directors  shall  meet  at  La- 
porte,  in  the  state  of  Indiana,  on  the  twenty-sixth  day  of 
April,  one  thousand  eight  hundred  and  fifty -five,  at  two 
o'clock,  P.  M.,  for  organization  and  the  transaction  of 
business ;  that  the  first  election  of  directors  of  said  con- 
solidated company  shall  be  held  at  Adrian,  in  the  state 


216 

of  Michigan,  at  ten  o'clock  in  the  forenoon,  on  the  fourth 
Wednesday  in  April,  one  thousand  eight  hundred  and 
fifty-five  ;  that  the  annual  election  of  directors  of  said 
consolidated  company  shall  be  held  on  the  fourth  Wed- 
nesday of  April  in  each  year,  after  the  said  first  election  ; 
that  the  amount  of  capital  of  the  said  consolidated  com- 
pany shall  be  twelve  millions  of  dollars,  and  the  same 
shall  be  divided  into  one  hundred  and  twenty  thousand 
shares,  of  one  hundred  dollars  each  ;  that  the  stockhold- 
ers of  the  said  companies  of  the  said  parties  of  the  first 
and  second  parts  shal  be  and  continue  stockholders  of  the 
said  consolidated  company,  in  the  same  respective  number 
of  shares,  and  of  the  like  respective  kinds  of  stock,  and  upon 
the  like  terms  and  conditions  respectively  as  they  now  are 
stockholders  in  either  of  the  said  present  companies  of  the 
parties  of  the  first  and  second  parts,  and  that  the  stock- 
holders of  the  said  present  companies  of  the  said  parties 
of  the  first  and  second  parts  shall  have  power  to  surren- 
der their  shares  of  stock  in  either  of  the  present  compa- 
nies of  the  parties  of  the  first  and  second  parts,  to  the 
said  consolidated  company;  and  upon  every  such  surren- 
der, stock  of  the  said  consolidated  company,  in  equal 
number  and  amount  of  shares  and  with  the  like  condi- 
tions and  stipulations,  shall  be  issued  to  the  stockholders 
respectively  making  such  surrender,  and  such  surrender 
may  be  made  by  returning  the  certificates  of  the  stock 
so  surrendered  to  the  office  of  said  consolidated  company, 
to  be  cancelled,  and  that  the  stockholders  of  the  said 
consolidated  company  shall  have  all  the  rights  and  priv- 
ileges as  stockholders  in  the  said  consolidated  company 
which  they  now  have  as  stockholders  in  the  present  com- 
pany whereof  they  now  are  stockholders ;  and  that  all 
the  books  of  account,  stock  transfer  books,  notes  and  ob- 
ligations for  the  payment  of  money,  certificates  of  stock 
and  powers  to  transfer  or  to  vote  upon  stock  in  either  of 
said  companies,  shall  be  deemed  and  taken  to  be  books 
of  account,  stock  transfer  books,  notes  and  obligations, 
certificates  and  powers  to  transfer  and  vote  in  said  con- 


217 

r 

solidated  company,  and  may  be,  by  said  consolidated 
company,  used,  issued  and  re-issued,  and  shall  be  in  all 
respects  recognised  and  sanctioned  as  legal  and  valid,  to 
the  same  extent  and  in  like  manner  as  they  would  have 
been  legal  and  valid  in  either  of  said  original  companies, 
until  otherwise  ordered  by  the  board  of  directors  of  said 
consolidated  company,  and  the  officers  and  agents  of  the 
company  of  the  parties  of  the  first  part  shall  be  the  offi- 
cers and  agents  of  said  consolidated  company  until  others 
are  appointed  in  their  places  by  the  board  of  directors  of 
said  consolidated  company  or  by  its  authority  ;  and  that 
until  the  board  of  directors  shall  make  or  procure  a  com- 
mon seal  for  the  said  consolidated  company,  the  present 
corporate  seal  of  the  said  parties  of  the  first  part  shall  be 
the  common  seal  of  the  said  consolidated  company  ;  and 
that  the  elections  of  directors  of  the  said  consolidated 
company  shall  be  held  under  the  direction  of  three  stock- 
holders thereof,  not  being  directors  at  the  time,  appointed 
by  the  board  of  directors  at  a  meeting  previous,  or  chosen 
by  the  stockholders  present  at  the  election  ;  that  notice  of 
the  time  and  place  of  the  election  shall  be  given  by  ad- 
vertisement ;  that  in  case  an  election  shall  not  be  held  on 
the  day  appointed  for  the  same,  or  shall  otherwise  fail  of 
being  an  effectual  election,  the  board  of  directors  may 
cause  such  election  to  be  held  on  another  day,  by  them 
appointed,  and  upon  like  notice  ;  and  that  all  the  rights, 
privileges  and  immunities,  as  well  of  the  said-parties  of  the 
first  part  as  of  the  said  parties  of  the  second  part,  here- 
tofore vested  in  or  exercised  by  their  respective  boards 
of  directors  or  their  respective  officers,  shall  be  henceforth 
vested  in  and  exercised  by  the  board  of  directors  or 
officers  of  the  said  consolidated  company  respectively, 
for  the  benefit  of  the  said  consolidated  company ;  and 
that  all  the  deeds,  bonds,  contracts  and  other  acts  and 
writings  of  either  the  said  parties  of  the  first  part  or  of 
the  said  parties  of  the  second  part,  shall  be  and  continue 
the  proper  deeds,  bonds,  contracts  and  other  acts  and 
writings  respectively  of  the  said  consolidated  company, 

15 


218 

without  any  surrender  or  change  thereof;  and  that  all 
future  subscriptions  to  the  capital  stock  shall  be  made, 
and  all  issues  of  new  stock  upon  such  subscriptions  shall 
be  made  as  shall  be  directed  by  the  said  board  of  direct- 
ors of  the  said  consolidated  company. 

In  witness  whereof,  the  said  parties  of  the  first  and 
second  parts  have  caused  these  presents  to  be  made  and 
executed  under  their  respective  common  seals,  and  to  be 
evidenced  as  well  by  the  signature  of  the  president  as  by 
the  corporate  seal  of  each  of  the  said  companies  of  the 
said  parties  of  the  first  and  second  parts,  the  day  and 
year  first  above  written. 

JOHN  B.  JEEVIS,  President.     [L.  s.] 
JOHN  B.  JEEVIS,  President.     [L.  s.] 

Sealed  and  delivered  in 
presence  of 

ELISHA  0.  LITCHFIELD, 

Secretary,  pro  tern. 


